Session Law

Identifying Information:L. 2003 ch. 067
Other Identifying Information:2003 House Bill 2035
Tax Type:Other
Brief Description:An Act concerning children in need of care; relating to the right to counsel; amending K.S.A. 2002 Supp. 38-1505 and repealing the existing section.
Keywords:


Body:

CHAPTER 67

HOUSE BILL No. 2035


An Act concerning children in need of care; relating to the right to counsel; amending

K.S.A. 2002 Supp. 38-1505 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2002 Supp. 38-1505 is hereby amended to read as

follows: 38-1505. (a) Appointment of guardian ad litem; duties. Upon the

filing of a petition the court shall appoint a person who is an attorney to

serve as guardian ad litem for a child who is the subject of proceedings

under this code. The guardian ad litem shall make an independent in-

vestigation of the facts upon which the petition is based and shall appear

for and represent the child. best interests of the child. When the child's

position is not consistent with the determination of the guardian ad litem

as to the child's best interest, the guardian ad litem shall inform the court

of the disagreement. The guardian ad litem or the child may request the

court to appoint a second attorney to serve as attorney for the child, and

the court, on good cause shown, may appoint such second attorney. The

attorney for the child shall allow the child and the guardian ad litem to

communicate with one another but may require such communications to

occur in the attorney's presence.

(b) Attorney for parent or custodian. A parent or custodian of a child

alleged or adjudged to be a child in need of care may be represented by

an attorney, other than the guardian ad litem or a second attorney ap-

pointed for the child as provided in subsection (a), in connection with all

proceedings under this code. If at any stage of the proceedings a parent

desires but is financially unable to employ an attorney, the court shall

appoint an attorney for the parent. It shall not be necessary to appoint

an attorney to represent a parent who fails or refuses to attend the hearing

after having been properly served with process in accordance with K.S.A.

38-1534 and amendments thereto. A parent or custodian who is not a

minor, a mentally ill person as defined in K.S.A. 2002 Supp. 59-2946 and

amendments thereto or a disabled person as defined in K.S.A. 77-201

and amendments thereto may waive counsel either in writing or on the

record.

(c) Attorney for parent who is a minor, mentally ill or disabled. The

court shall appoint an attorney for a parent who is a minor, a mentally ill

person as defined in K.S.A. 2002 Supp. 59-2946 and amendments thereto

or a disabled person as defined in K.S.A. 77-201 and amendments thereto,

unless the court determines that there is an attorney retained who will

appear and represent the interests of the person in the proceedings under

this code.

(d) Continuation of representation. A guardian ad litem appointed for

to represent the best interests of a child or a second attorney appointed

for a child as provided in subsection (a), or an attorney appointed for a

parent or custodian shall continue to represent the client at all subsequent

hearings in proceedings under this code, including any appellate pro-

ceedings, unless relieved by the court upon a showing of good cause or

upon transfer of venue.

(e) Fees for counsel. A guardian ad litem, second attorney appointed

pursuant to subsection (a) or attorney appointed for parties to proceed-

ings under this section shall be allowed a reasonable fee for their services,

which may be assessed as an expense in the proceedings as provided in

K.S.A. 38-1511 and amendments thereto.

Sec. 2. K.S.A. 2002 Supp. 38-1505 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 14, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003