V.A. v. Dep't of Children

114 So.3d 391

V.A., The Father, Appellant,

v.DEPARTMENT OF CHILDREN AND FAMILIES AND GUARDIAN AD LITEM PROGRAM, Appellees.

No. 4D13–775.

District Court of Appeal of Florida, Fourth District.

May 22, 2013.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Hope T. Bristol, Judge; L.T. Case No. 11–1869 CJDP.

Richard F. Joyce, Miami, for appellant.

Carolyn Schwarz, Attorney General Children's Legal Services, Fort Lauderdale, for appellee Department of Children and Families.

Hillary Kambour, Tavares, for appellee Guardian Ad Litem Program.

PER CURIAM.

Upon consideration of appellee's concession of error, which we find to be correct, the disposition order issued by the circuit court is reversed and the cause is remanded to that court for a disposition hearing, to allow the father to be represented by counsel or waive counsel, if he chooses. If the father again waives counsel, the trial court must question the father in sufficient detail to ascertain that the waiver is made knowingly, intelligently and voluntarily, and make its findings in writing. See§ 39.013(9)(a), Fla. Stat. (2012); see also A.G. v. Florida Dep't. of Children & Families, 65 So.3d 1180, 1183 (Fla. 1st DCA 2011) (holding that “the trial court should have advised the father of his right to counsel [during the shelter hearing] and, depending on his response, should have appointed counsel or obtained a knowing and intelligent waiver before proceeding.”). Thereafter, the trial court shall hold the disposition hearing, and make the findings required for...