November 27, 2020
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The Florida Statutes

The 2009 Florida Statutes

Title V
Chapter 39
View Entire Chapter
Section 39.828, Florida Statutes 2009

39.828  Grounds for appointment of a guardian advocate.--

(1)  The court shall appoint the person named in the petition as a guardian advocate with all the powers and duties specified in s. 39.829 for an initial term of 1 year upon a finding that:

(a)  The child named in the petition is or was a drug dependent newborn as described in s. 39.01(32)(g);

(b)  The parent or parents of the child have voluntarily relinquished temporary custody of the child to a relative or other responsible adult;

(c)  The person named in the petition to be appointed the guardian advocate is capable of carrying out the duties as provided in s. 39.829; and

(d)  A petition to adjudicate the child dependent under this chapter has not been filed.

(2)  The appointment of a guardian advocate does not remove from the parents the right to consent to medical treatment for their child. The appointment of a guardian advocate does not prevent the filing of a subsequent petition under this chapter to have the child adjudicated dependent.

History.--s. 2, ch. 89-345; s. 62, ch. 94-164; s. 109, ch. 98-403; s. 32, ch. 2006-86; s. 29, ch. 2008-245.

Note.--Former s. 415.5087.

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