HB 231

Under existing law, in a dependency proceeding, a juvenile court, upon request by a petitioner and a finding of indigency, may appoint an attorney to represent the petitioner

Also under existing law, in a dependency proceeding, the respondent parent, legal guardian, or legal custodian must be informed of his or her right to be represented by counsel and, if the juvenile court determines that he or she is indigent, counsel must be appointed where the respondent parent, legal guardian, or legal custodian is unable for financial reasons to retain his or her own counsel

This bill would limit a juvenile court's authority in a dependency proceeding to appoint an attorney for the petitioner, respondent parent, legal guardian, or legal custodian to cases in which the state has filed a petition or is otherwise a party to the proceeding

Relating to dependency proceedings; to amend Section 12-15-305, Code of Alabama 1975, to limit a juvenile court's authority in a dependency proceeding to appoint an attorney for the petitioner, respondent parent, legal guardian, or legal custodian to cases in which the state has filed a petition or is otherwise a party to the proceeding.

Section 1

Section 12-15-305, Code of Alabama 1975, is amended to read as follows:

§12-15-305.

(a) Upon request and a finding of indigency, the juvenile court may shall appoint an attorney to represent the petitioner, respondent parent, legal guardian, or legal custodian if the state has filed a petition or is otherwise a party to the proceeding and may order recoupment of the fees of the attorney to be paid to the State of Alabama.

(b) In dependency cases in which the state has filed a petition or is otherwise a party and termination of parental rights cases, the respondent parent, legal guardian, or legal custodian shall be informed of his or her right to be represented by counsel and, if the juvenile court determines that he or she is indigent, counsel shall be appointed where the respondent parent, legal guardian, or legal custodian is unable for financial reasons to retain his or her own counsel."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.