Florida Statutes 39.8295 – Review and removal of guardian advocate
Current as of: 2024 | Check for updates
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Terms Used In Florida Statutes 39.8295
- Department: means the Department of Children and Families. See Florida Statutes 39.01
- Dependent: A person dependent for support upon another.
- Family: means a collective body of persons, consisting of a child and a parent, legal custodian, or adult relative, in which:(a) The persons reside in the same house or living unit; or(b) The parent, legal custodian, or adult relative has a legal responsibility by blood, marriage, or court order to support or care for the child. See Florida Statutes 39.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a relative, nonrelative, next of kin, or fictive kin who is awarded physical custody of a child in a proceeding brought pursuant to this chapter. See Florida Statutes 39.01
- Guardian advocate: means a person appointed by the court to act on behalf of a drug-dependent newborn under part XI of this chapter. See Florida Statutes 39.01
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
(1) At the end of the initial 1-year appointment, the court shall review the status of the child’s care, health, and medical condition for the purpose of determining whether to reauthorize the appointment of the guardian advocate. If the court finds that all of the elements of s. 39.828 are still met, the court shall reauthorize the guardian advocate for another year.(2) At any time, the court may, upon its own motion, or upon the motion of the department, a family member, or other interested person remove a guardian advocate. A guardian advocate shall be removed if the court finds that the guardian advocate is not properly discharging his or her responsibilities or is acting in a manner inconsistent with his or her appointment, that the parents have assumed parental responsibility to provide for the child, or that the child has been adjudicated dependent pursuant to this chapter.