In Re: Amendments to Florida Rules of Juvenile Procedure and Florida Rule of Appellate Procedure 9.146, 213 So. 3d 803

Background

Following J.B. v. Fla. Dep’t of Children & Families (2015), the Court directed committees to adopt permanent rules for raising ineffective-assistance-of-counsel (IAC) claims after termination of parental rights (TPR).
A Select Committee proposed a narrow rule applying only to indigent parents with court‑appointed counsel; the Juvenile Court Rules Committee (JCRC) favored a broader rule applying to all parents and all counsel. The Appellate Court Rules Committee (ACRC) approved both versions.
The Court published both sets for comment, received input, and held oral argument; it then adopted the broader version (with modifications) governing procedures, timing, and forms for filing IAC motions after a TPR order.
Key rule changes: courts and counsel must advise parents of IAC and appeal rights; trial counsel must certify discussion and withdraw if parent intends to file an IAC motion; new Rule 8.530 sets a 20‑day filing deadline, pleading/notice/service requirements, expedited hearing/record procedures, and limits successive motions.
Appellate Rule 9.146 was amended to toll rendition when a timely IAC motion is filed, require notice that stays the appeal, and mandate supplementation of the appellate record with the IAC-motion materials and transcript for expedited review.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Scope: whether IAC rule should apply only to indigent parents with court‑appointed counsel or to all parents (including privately retained counsel)	Narrow view: J.B. protects indigent parents; rulemaking should be limited to that population	Broad view: IAC claims can arise for any parent; rules should apply universally to ensure process and review	Court adopted the broader rule applying to all parents/counsel, with modifications (despite a concurring/dissenting opinion urging narrower scope)
Timing and tolling: whether filing an IAC motion should toll rendition and how long motions must be filed	Proponents: require short, strict deadlines (20 days) and tolling to expedite resolution and protect permanency	Opponents: worry deadlines and tolling may create delays/costs and disrupt finality/permanency	Adopted: 20‑day filing deadline; timely filing tolls rendition until court order or 50 days; summary denial mechanics set (5‑day rulings)
Procedure and pleadings: what substantive pleading standard and form requirements should govern IAC motions	Some commenters urged pleading to reflect J.B. prejudice standard (“but for counsel’s deficient representation the parent’s rights would not have been terminated”)	Others initially proposed broader/less specific language	Adopted: motion must identify specific acts/omissions and allege prejudice under J.B. (“but for” standard); new standardized forms adopted (8.9831, 8.9832)
Appellate process and record supplementation: how appeals from TPR orders involving IAC claims should proceed	Proponents: require automatic stay of appeal upon notice and expedited supplemental record/transcript to ensure IAC issues are reviewed with the termination appeal	Opponents: worry added appellate procedures will cause delay and burden reporters/clerks	Adopted: Rule 9.146 amended—notice of a timely IAC motion automatically stays the appeal; reporters must prepare IAC hearing transcript within 20 days; clerks must promptly supplement the appellate record within 5 days of order or transcript filing

Key Cases Cited

J.B. v. Florida Department of Children & Families, 170 So.3d 780 (Fla. 2015) (establishes indigent parents’ constitutional right to effective assistance in TPR proceedings and the standard for IAC relief)
S.M. v. Florida Department of Children & Families, 202 So.3d 769 (Fla. 2016) (discusses primacy of child’s interest in permanency in dependency/TPR context)
In re S.M., 614 A.2d 312 (Pa. Super. Ct. 1992) (cited for emphasis on timely disposition of TPR IAC claims to protect child permanency)