J.b. v. Florida Department of Children and Families, Respondent

Summary

The Florida Supreme Court held that the criminal Strickland standard does not govern ineffective‑assistance‑of‑counsel claims in termination of parental‑rights (TPR) proceedings; instead it adopted a heightened standard requiring specific errors and a showing that, but for counsel’s deficient performance, the termination would not have occurred. The Court also recognized an indigent parent’s constitutional right to effective assistance in TPR cases and instituted a temporary procedural scheme for raising such claims, and it affirmed the First District Court of Appeal’s decision terminating J.B.’s parental rights. Justice PARIENTE, J., concurs, expressing concern that the new procedure could delay permanency for the child.