(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(32)(g);
(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.