1. (1) The court shall appoint the person named in the petition as a guardian advocate with all the powers and duties specified in s. 415.5088 for an initial term of 1 year upon a finding that:

   1. (a) The child named in the petition is or was a drug dependent newborn as described in ¹s. 415.503(10)(a)2.;
   2. (b) The parent or parents of the child have voluntarily relinquished temporary custody of the child to a relative or other responsible adult;
   3. (c) The person named in the petition to be appointed the guardian advocate is capable of carrying out the duties as provided in s. 415.5088; and
   4. (d) A petition to adjudicate the child dependent pursuant to chapter 39 has not been filed.

2. (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 chapter 39 to have the child adjudicated dependent.

   ¹Note.--Redesignated as s. 415.503(9)(a)2. by s. 43, ch. 95-228.

History.--s. 2, ch. 89-345; s. 62, ch. 94-164.