In Re: Amendments to Florida Rules of Juvenile Procedure and Florida Rule of Appellate Procedure 9.146

Summary

The court adopted, with modifications, the broader proposed rules establishing a procedure for parents in termination-of-parental-rights proceedings to assert ineffective-assistance-of-counsel claims, including claims involving privately retained counsel. The amendments require advisements, establish a circuit-court motion procedure with expedited deadlines and evidentiary hearings, and coordinate appellate review, stays, tolling, and supplemental records. Justice Pariente, joined by Justice Polston, concurred in adopting procedures for indigent parents but dissented from extending the rule to privately retained counsel, arguing that the substantive issue should be resolved in an actual case or controversy and warning of delay and increased litigation affecting children’s permanency.