HOUSE BILL No. 2035
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
(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
(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.
Date Composed: 10/29/2003 Date Modified: 10/29/2003