Section 39.828 - Grounds for appointment of a guardian advocate(1) The court shall appoint the person named in the petition as a guardian advocate with all the powers and duties specified in s. 39.829 for an initial term of 1 year upon a finding that:(a) The child named in the petition is or was a drug dependent newborn as described in s. 39.01;(b) The parent or parents of the child have voluntarily relinquished temporary custody of the child to a relative or other responsible adult;(c) The person named in the petition to be appointed the guardian advocate is capable of carrying out the duties as provided in s. 39.829; and(d) A petition to adjudicate the child dependent under this chapter has not been filed.(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 this chapter to have the child adjudicated dependent.s. 2, ch. 89-345; s.62, ch. 94-164; s.109, ch. 98-403; s.32, ch. 2006-86; s.29, ch. 2008-245; s.19, ch. 2012-178.