Relating to legal representation for children who are placed in, or may be placed in, foster care

This bill relates to legal representation for children who are placed in, or may be placed in, foster care. The bill requires a court to appoint counsel for a child years of age or older when the child is identified in a child in need of assistance (CINA) petition as a party to the CINA proceedings. The bill requires a court to appoint a guardian ad litem for a child below years of age when the child is identified in a CINA petition as a party to the CINA proceedings. If a child identified in a CINA petition already has counsel in a juvenile delinquency matter or parental termination proceeding, or a guardian ad litem has previously been appointed for the child in a juvenile delinquency proceeding or a matter involving a public offense in which the court has waived jurisdiction, the bill requires the court to appoint the same counsel or guardian ad litem upon the filing of the CINA petition. The bill requires a court to appoint alternate counsel to represent a child if the child is represented by counsel and the court determines there is a conflict of interest between the child and the child’s parent, guardian, putative father, or custodian and that the retained counsel cannot properly represent the child as a result of the conflict. When appointing counsel for a child in a CINA proceeding, the bill requires a court to either order the parent, guardian, or custodian to retain counsel for the child, or counsel be appointed for the child. The bill requires a court to discharge the guardian ad litem for a child in a CINA proceeding and appoint counsel for the child upon the child attaining years of age. A discharged guardian ad litem may be appointed counsel for a child if the person can properly represent the legal interests of the child. The bill contains similar provisions relating to the appointment of counsel or a guardian ad litem for a child in termination of parental rights proceedings and in family in need of assistance proceedings. The bill requires a court in a termination of parental rights proceeding or a family in need of assistance proceeding to determine whether a child’s parent, guardian, or custodian is able to compensate an attorney appointed for the child. If the court determines a parent, guardian, or custodian is able to compensate the appointed attorney, the bill requires the court to order the parent, guardian, or custodian to compensate the attorney. If the court determines a parent, guardian, or custodian cannot compensate the appointed attorney without impairment, then the bill requires the county to make reasonable compensation for the appointed attorney.