Supreme Court of Florida

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

March 23, 201742 Fla. L. Weekly Supp. 357

Summary

The Florida Supreme Court adopted the broader proposed rules governing ineffective-assistance-of-counsel claims in termination-of-parental-rights proceedings, with modifications. The amendments establish notice duties, a twenty-day filing deadline, trial-court procedures, evidentiary-hearing requirements, appellate coordination, and expedited processing requirements. 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 constitutional issue should be resolved in an actual case or controversy.