Last Action | to Judiciary (S) |
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Title | AN ACT relating to children in the custody of the state. |
Bill Documents |
Bill
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Bill Request Number | 13 |
Sponsors | D. Owens, J. Jenkins, S. Westrom |
Summary of Original Version | 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. |
Index Headings of Original Version |
Administrative Regulations and Proceedings - Finance Cabinet, fees, court-appointed counsel Attorney, County - Dependency court, appointment and payment of counsel Attorneys - Dependency court, appointment and payment of counsel Children and Minors - Dependency court, appointment and payment of counsel Civil Procedure - Dependency court, appointment and payment of counsel Courts - Dependency court, appointment and payment of counsel Circuit Clerks - Notice, dependency court, appointment of counsel Parental Rights - Dependency court, rights and counsel State Agencies - Health and Family Services, dependency court, rights and counsel |
Proposed Amendments |
House Committee Substitute 1 House Floor Amendment 1 House Floor Amendment 2 |
Votes | Vote History |
12/14/07 |
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01/08/08 |
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01/11/08 |
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02/27/08 |
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03/05/08 |
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03/06/08 |
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03/12/08 |
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03/18/08 |
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03/21/08 |
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03/24/08 |
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03/26/08 |
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Amendment | House Committee Substitute 1 |
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Summary | 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. |
Index Headings |
Administrative Regulations and Proceedings - Finance Cabinet, fees, court-appointed counsel Attorney, County - Dependency court, appointment and payment of counsel Attorneys - Dependency court, appointment and payment of counsel Children and Minors - Dependency court, appointment and payment of counsel Civil Procedure - Dependency court, appointment and payment of counsel Courts - Dependency court, appointment and payment of counsel Circuit Clerks - Notice, dependency court, appointment of counsel Parental Rights - Dependency court, rights and counsel State Agencies - Health and Family Services, dependency court, rights and counsel |
Amendment | House Floor Amendment 1 |
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Sponsor | D. Owens |
Summary | 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. |
Index Headings |
Administrative Regulations and Proceedings - Finance Cabinet, fees, court-appointed counsel Attorney, County - Dependency court, appointment and payment of counsel Attorneys - Dependency court, appointment and payment of counsel Children and Minors - Dependency court, appointment and payment of counsel Civil Procedure - Dependency court, appointment and payment of counsel Courts - Dependency court, appointment and payment of counsel Circuit Clerks - Notice, dependency court, appointment of counsel Parental Rights - Dependency court, rights and counsel State Agencies - Health and Family Services, dependency court, rights and counsel |
Amendment | House Floor Amendment 2 |
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Sponsor | D. Owens |
Summary | 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. |
Index Headings |
Administrative Regulations and Proceedings - Finance Cabinet, fees, court-appointed counsel Attorney, County - Dependency court, appointment and payment of counsel Attorneys - Dependency court, appointment and payment of counsel Children and Minors - Dependency court, appointment and payment of counsel Civil Procedure - Dependency court, appointment and payment of counsel Courts - Dependency court, appointment and payment of counsel Circuit Clerks - Notice, dependency court, appointment of counsel Parental Rights - Dependency court, rights and counsel State Agencies - Health and Family Services, dependency court, rights and counsel |
Last updated: 8/28/2019 8:09 AM (EDT)