In Re Interest Of D. B. And D. S.

385 So.2d 83 (1980)

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Nature of the Case

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Facts

At age five, D. B. was surrendered by her mother to Catholic Services Bureau, Inc., for permanent commitment and adoption. The mother had been a prostitute and a heroin addict, and the child was born with a heroin addiction. The natural father was never married to the mother. The father was incarcerated in the Florida state prison system for burglary and was wanted in New Jersey for violation of parole. Four months after surrender of the child, the mother sought to set aside her surrender of the child. In the trial court proceedings, she was represented by Legal Services of Greater Miami, Inc. That representation is not an issue in these proceedings. Both the natural mother and the natural father sought custody of the child. The trial court appointed private counsel to represent the imprisoned father and appointed another private counsel as guardian ad litem for the child. The trial court found both natural parents to be unfit. The trial court entered an order directing the State of Florida to pay $1,090 to the attorney representing the father of the child and $1,000 to counsel acting as guardian ad litem for the child. D.S. was nine months old when the child's mother, age 16, had abandoned him at his grandmother's home and was threatening to burn down the grandmother's house. The sixteen-year-old mother was taken into custody and detained in the juvenile detention center. Temporary custody of the child was sought by the Department of Health and Rehabilitative Services (HRS). Private counsel was appointed to represent the indigent mother in these temporary custody dependency proceedings. In addition, separate private counsel was appointed guardian ad litem for the child. The trial court found the child dependent and committed him to the temporary custody of HRS, with the understanding that the child eventually would reside with the teenage mother. This custody was subject to the continuing supervision of HRS to ensure proper care of the child. Subsequent to the entry of this temporary order and upon motion of appointed counsel, the trial court directed the State of Florida to pay $400 to counsel for the teenage mother and $285 to the guardian ad litem for the nine-month-old child. P appealed an order directing it to appoint counsel and pay the fees to indigent parents and juveniles in all dependency proceedings.