HB129 Alabama 2018 Session

Summary

Primary Sponsor

Rich Wingo

Republican

Session

Regular Session 2018

Title

Relating to juvenile dependency proceedings; to establish indigency requirements and limit eligibility for court-appointed counsel for parents who have parental rights terminated.

Summary

HB 129 would change indigency rules for Alabama juvenile dependency cases, establishing stricter financial criteria and limiting court-appointed counsel for parents whose parental rights have been terminated.

What This Bill Does

It adds detailed requirements for determining indigency, including an affidavit of hardship and disclosure of income and assets. It guarantees appointed counsel for indigent biological parents or former custodial guardians the first time they file a juvenile dependency petition. It limits eligibility for court-appointed counsel when a parent’s rights have been terminated and custody or visitation is upheld or denied again. It allows the court to appoint counsel and, if appointed, to recoup attorney fees, and it requires informing respondents of their right to counsel.

Who It Affects

• Biological parents or former custodial guardians who file a juvenile dependency petition; they would be entitled to appointed counsel the first time if indigent, but eligibility can end if rights were terminated and custody/visitation is again denied or maintained.
• Respondent parents, legal guardians, or legal custodians in dependency or termination cases; they must be informed of the right to counsel and will receive appointment if indigent.
• Individuals seeking indigency relief for these cases; they must complete an affidavit showing hardship and disclose assets to determine eligibility.

Key Provisions

• Amends Section 12-15-305 to guarantee appointed counsel for indigent biological parents or former custodial guardians the first time they file a juvenile dependency petition.
• Adds indigency standards requiring an affidavit of substantial hardship, disclosure of income and assets, and a court-approved form.
• Requires income at or below 125% of the federal poverty level and limits most asset equity to $2,500 (with a homestead and one vehicle up to $5,000 equity allowed).
• Limits eligibility for court-appointed counsel if parental rights have been terminated and custody/visitation is upheld or denied again.
• Authorizes the court to appoint counsel for indigent petitioners and to recoup attorney fees, and requires informing respondents of their right to counsel.
• Effective date: the act becomes law on the first day of the third month after passage/approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Juveniles