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 counsel and a guardian ad litem (GAL) 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 GAL 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 GAL 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 GAL for a child in a CINA proceeding and appoint counsel for the child upon the child attaining years of age. A discharged GAL may be appointed counsel for a child if the person can properly represent the legal interests of the child. The bill allows an attorney representing multiple children as the children’s counsel, GAL, or both, to continue to act in the capacities to which the attorney was appointed unless an appointment to represent a child in a specific capacity presents a conflict of interest between the attorney and a child the attorney represents or between children the attorney represents. The bill requires an attorney appointed as counsel for a child to perform certain duties listed in the bill that are required of a GAL. The attorney is specifically exempted from making reports that a GAL would be required to make. The bill authorizes an attorney appointed as counsel for a child to perform several actions as detailed in the bill. If a child remains in foster care after the circumstances which caused the child to be placed in foster care has resolved, the bill continues a child’s right to legal representation until the child is no longer in foster care. The bill contains similar provisions relating to the appointment of counsel or a GAL for a child in termination of parental rights proceedings and in family in need of assistance proceedings. The bill requires the county to make reasonable compensation for an attorney appointed under the bill.