Relating to the payment of attorney fees relative to a termination of parental rights action

This bill relates to the payment of attorney fees associated with termination of parental rights proceedings. Current law addresses payment of attorney fees when the person against whom the petition is filed is indigent, and when another party to the action is either exempt from paying reasonable attorney fees or is also indigent. The bill provides for the circumstance under which the parent against whom the petition for termination of parental rights is filed is financially able to employ counsel. Under these circumstances, the person against whom the petition is filed is responsible for the payment of reasonable attorney fees for the services provided by the person’s counsel in connection with all subsequent hearings and proceedings, if the person filing the petition for termination of parental rights prevails. However, if the person filing the petition for termination of parental rights does not prevail, the person filing the petition shall be responsible for payment of the reasonable attorney fees for the person against whom the petition was filed. The bill retains current law to provide that if the parent against whom the petition is filed desires but is financially unable to employ counsel, the court shall appoint counsel for the person if the person requests appointment of counsel and the court determines that the person is indigent. If counsel is appointed under these circumstances, then payment of attorney fees shall be in accordance with current law that provides for payment of associated attorney fees depending upon whether another specific party is also determined to be indigent. The bill retains current law to provide that if counsel is appointed for the person against whom a petition for termination of parental rights is filed, the person filing the petition shall be responsible for the payment of reasonable attorney fees for services provided by the appointed counsel, unless the person filing the petition is a private child-placing agency licensed under Code chapter 238 or the court determines that the person filing the petition is indigent. If the person filing the petition is a private child-placing agency licensed under Code chapter 238 or if the person filing the petition is indigent, then the prospective parent on whose behalf the petition is filed shall be responsible for the payment of reasonable attorney fees for the appointed counsel, unless the court determines that the prospective parent on whose behalf the petition is filed is also indigent. If the person filing the petition is a private child-placing agency licensed under Code chapter 238 or is a person who is indigent, and the prospective parent is also indigent, the appointed counsel shall be paid reasonable attorney fees as determined by the state public defender from the indigent defense fund.