Supreme Court of Florida
J.b. v. Florida Department of Children and Families, Respondent — Pariente, J., Concurring
July 9, 201540 Fla. L. Weekly Supp. 416
Summary
Justice Pariente concurs with the majority that ineffective‑assistance‑of‑counsel claims in termination of parental rights (TPR) cases must be resolved promptly to avoid harming the child, but cautions that the procedural mechanism could cause harmful delays. He proposes additional safeguards, including appointing counsel for the child and a heightened clear‑and‑convincing‑evidence standard, and explains why the criminal‑law Strickland test is inappropriate for TPR proceedings.