HB 151 (BR 13) - D. Owens, J. Jenkins, S. Westrom
AN ACT relating to children in the custody of the state.
Create a new section of KRS Chapter 610 to require the Chief of Justice to establish rules of administrative procedure relating to juvenile and child protection and permanency cases; amend KRS 620.020 to define "court proceeding"; amend KRS 620.060 to require notice of right to counsel with summons and appointment of counsel no later than 48 hours before temporary removal hearing; amend KRS 620.070 to require summons to contain notice of right to counsel; amend KRS 620.080 to require time for counsel to consult with the parent and child if appropriate; require appointment of counsel and guardian ad litem prior to temporary removal hearing; specify that appointment includes actions through the first annual permanency review unless court replaces appointment, require a hearing if more than one guardian ad litem is appointed for a case; require service to all parties, including the Finance and Administration Cabinet; create a new section of KRS Chapter 620 to require the court to inform parents orally and with written materials about court procedures; specify conduct of temporary removal hearing and rights if further proceedings are required; amend KRS 620.100 to delete duplicative language; create a new section of KRS 620 Chapter to require appointment of attorneys be made from a list of qualified attorneys; specify qualifications and training requirements; require payment to appointed attorneys based on the hourly rate established for legal services contracts with maximum payments for each phase of a case and permit recovery of specified expenses upon approval of the court; require the Cabinet for Health and Family Services to pay the first $500 of guardian ad litem expenses if the parent is not indigent; require promulgation of administrative regulations by Finance and Administration Cabinet; amend KRS 625.0405, 625.041, and 625.080 to conform; amend KRS 625.110 to require appointment of an attorney for an appeal of a termination of parental rights order for an indigent parent; amend KRS 31.215 and 202B.210 to conform.
HB 151 - AMENDMENTS
HCS - Retain most of the original provisions except for the following changes: insert provision encouraging courts to establish local rules or procedures to appoint counsel at the earliest possible opportunity; and eliminate continuing legal education requirements regarding representation of parents and children in dependency, neglect, and abuse cases for attorneys who are appointed to those cases by the court.
HFA (1, D. Owens) - Retain original provisions except delete all language regarding payment and amount of fees for appointed attorneys and replace with fees for District or Family Courts actions not to exceed $250; fees for Circuit Court actions not to exceed $500; fees for appeals not to exceed $500; retain language that prohibits payment of fees in excess of fees for a single case in cases with multiple children.
HFA (2, D. Owens) - Retain provisions of HFA1 except specify that fees for District Court actions shall not exceed $250 and fees for Circuit or Family Court actions shall not exceed $500.
(Prefiled by the sponsor(s).)
Jan 8-introduced in House
Jan 11-to Judiciary (H)
Feb 27-posted in committee
Mar 5-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 6-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 7, 2008
Mar 12-floor amendment (1) filed to Committee Substitute
Mar 18-floor amendment (2) filed to Committee Substitute
Mar 21-3rd reading, passed 95-1 with Committee Substitute, floor amendment (2)
Mar 24-received in Senate
Mar 26-to Judiciary (S)