§ 39.827, Fla. Stat. · Part XI. GUARDIANS AD LITEMAND GUARDIAN ADVOCATES
Hearing for appointment of a guardian advocate.
Text — 2026 Florida Statutes
(1) When a petition for appointment of a guardian advocate has been filed with the circuit court, the hearing shall be held within 14 days unless all parties agree to a continuance. If a child is in need of necessary medical treatment as defined in s. 39.01, s. 984.03, or s. 985.03, the court shall hold a hearing within 24 hours.
(2) At the hearing, the parents have the right to be present, to present testimony, to call and cross-examine witnesses, to be represented by counsel at their own expense, and to object to the appointment of the guardian advocate.
(3) The hearing shall be conducted by the judge without a jury, applying the rules of evidence in use in civil cases. In a hearing on a petition for appointment of a guardian advocate, the moving party shall prove all the elements in s. 39.828 by a preponderance of the evidence.
(4) The hearing under this section must remain confidential and closed to the public. The clerk shall keep all court records required by this part separate from other records of the circuit court. All court records required by this part are confidential and exempt from s. 119.07(1). Records may only be inspected upon order of the court by persons deemed by the court to have a proper interest therein, except that a child and the parents or custodians of the child and their attorneys, the guardian ad litem, the department and its designees, and the attorney ad litem, if one is appointed, always have the right to inspect and copy any official record pertaining to the child. The court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, under whatever conditions upon their use and disposition the court may deem proper, and may punish by contempt proceedings any violation of those conditions. All information obtained pursuant to this part in the discharge of official duty by any judge, employee of the court, or authorized agent of the department is confidential and exempt from s. 119.07(1) and may not be disclosed to anyone other than the authorized personnel of the court or the department and its designees, except upon order of the court.
Notes and commentary — not statutory text
History
s. 2, ch. 89-345; s. 19, ch. 91-71; s. 274, ch. 96-406; s. 44, ch. 98-280; s. 108, ch. 98-403; s. 32, ch. 2024-70.
Note
Note.—Former s. 415.5086.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0039/0039.html
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- sha256 454af84aff21203878f939ca0d8b08f6e27f862aeaefb20b705262a0c5196392
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 39.01, Fla. Stat.Definitions.Printed as s. 39.01
- § 39.828, Fla. Stat.Grounds for appointment of a guardian advocate.Printed as s. 39.828
- § 119.07, Fla. Stat.Inspection and copying of records; photographing public records; fees; exemptions.Printed as s. 119.07(1)
- § 984.03, Fla. Stat.Definitions.Printed as s. 984.03
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.