Florida Rules of Juvenile Procedure
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8.215 Guardian Ad Litem
(a) Request. At any stage of the proceedings, any
party may request or the court may appoint a guardian
ad litem to represent any child alleged to be
dependent.
(b) Appointment. The court shall appoint a guardian
ad litem to represent the child in any proceeding
as required by law and shall ascertain at each stage of
the proceeding whether a guardian ad litem should be
appointed if one has not yet been appointed.
(c) Duties and Responsibilities. The guardian ad
litem shall be a responsible adult, who may or may not
be an attorney, or a certified guardian ad litem program,
and shall have the following responsibilities:
(1) To gather information concerning the allegations
of the petition and any subsequent matters
arising in the case and, unless excused by the court, to
file a written report. This report shall include a summary
of the guardian ad litem’s findings, a statement
of the wishes of the child, and the recommendations
of
the guardian ad litem and shall be provided to all parties
and the court at least 72 hours before the hearing
for which the report is prepared.
(2) To be present at all court hearings unless excused
by the court.
(3) To represent the interests of the child until the
jurisdiction of the court over the child terminates,
or
until excused by the court.
(4) To perform such other duties as are consistent
with the scope of the appointment.
(d) Bond. A guardian ad litem shall not be required
to post bond but shall file an acceptance of the office.
(e) Service. A guardian ad litem shall be entitled to
receive service of pleadings and papers as provided
by
rule 8.225.
(f) Practice of Law by Lay Guardians. The duties
of lay guardians shall not include the practice of law.
(g) Substitution or Discharge. The court, on its
own motion or that of any party, including the child,
may substitute or discharge the guardian ad litem for
reasonable cause.
Committee Notes
1991 Amendment. (c)(1) This section allows a report to be submitted
before any hearing, not only the disposition hearing.
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