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2002 SESSION

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SB 537 Child abuse or neglect; appointment of counsel in such cases.

Introduced by: William C. Mims | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Child dependency cases; appointment of counsel. Affords the right of counsel to: a parent or guardian of a child who is alleged to be abused or neglected or at risk of abuse or neglect, a parent that could be subjected to the loss of residual parental rights, or any other adult charged with abuse or neglect of a child. If the identity or location of a parent or guardian is not reasonably ascertainable or if a parent or guardian fails to appear at one of the specified hearings, the court shall consider appointing an attorney-at-law to represent the interests of this absent party, and the hearing may be held. For proceedings related to a child’s placement in foster care, the court is required to consider appointing counsel to represent the child’s parent or guardian. The court currently has discretion to appoint counsel for these hearings. Existing law is also amended to match the current practice of appointment of a guardian ad litem for a child who is the subject of a petition filed in the juvenile court in connection with a parental placement adoption consent hearing. This bill has been endorsed by the Committee on District Courts.


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