House Bill 395

Actions | Amendments
Last Action 03/18/20: to Judiciary (S)
Title AN ACT relating to guardians ad litem and other court-appointed counsel and making an appropriation therefor.
Bill Documents Current
Introduced
Fiscal Impact Statements Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 57
Sponsors D. Elliott, J. Petrie
Summary of Original Version Amend various KRS sections to provide that guardians ad litem and court-appointed counsel shall receive a fee not to exceed $500 and to specify the payors of those fees; amend KRS 625.0405, 625.041, and 625.080 to provide that the appointment of guardians ad litem and court-appointed counsel for voluntary or involuntary termination of parental rights proceedings shall solely be for representation at the trial level and shall not extend to the filing of an appeal nor to the appeal process thereafter.
Index Headings of Original Version Local Mandate - Guardians ad litem and court-appointed counsel, fees for
Courts - Guardians ad litem and court-appointed counsel, fees for
Disabilities and the Disabled - Guardians ad litem and court-appointed counsel, fees for
Parental Rights - Guardians ad litem and court-appointed counsel, fees for
Appropriations - Guardians ad litem and court-appointed counsel, fees for
Children and Minors - Guardians ad litem and court-appointed counsel, fees for
Civil Actions - Guardians ad litem and court-appointed counsel, fees for
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
House Floor Amendment 1
House Floor Amendment 2
Votes Vote History

Actions

Top | Amendments
02/06/20
  • introduced in House
02/10/20
  • to Judiciary (H)
02/13/20
  • posted in committee
03/04/20
  • reported favorably, 1st reading, to Calendar with Committee Substitute (1)
03/05/20
  • 2nd reading, to Rules
03/09/20
  • floor amendments (1) and (2) filed to Committee Substitute
03/11/20
  • posted for passage in the Regular Orders of the Day for Thursday, March 12, 2020
03/12/20
  • 3rd reading, passed 96-0 with Committee Substitute (1), and floor amendments (1) and (2)
03/17/20
  • received in Senate
03/18/20
  • to Judiciary (S)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Fiscal Impact Statement Local Mandate to House Committee Substitute 1
Summary Clarify that only private attorneys appointed to represent those alleged to be mentally ill shall receive a representation fee; provide that guardians ad litems and court-appointed counsel appointed to represent minors and disabled adults in guardianship or conservatorship hearings receive a reasonable fee to be paid by the respondent; specify that if the respondent is indigent, the attorney shall receive a fee not to exceed $500 and shall be paid by the county; clarify that attorneys appointed in a DVO or IPO proceeding to represent a minor or an adult who is incarcerated shall be paid by the Finance and Administration Cabinet if the petition is granted; specify that if the petition is not granted, the petitioner shall pay.
Index Headings Courts - Guardians ad litem and court-appointed counsel, fees for
Disabilities and the Disabled - Guardians ad litem and court-appointed counsel, fees for
Appropriations - Guardians ad litem and court-appointed counsel, fees for
Civil Actions - Guardians ad litem and court-appointed counsel, fees for
Counties - Guardians ad litem and court-appointed counsel, fees for
Local Mandate - Guardians ad litem and court-appointed counsel, fees for

Amendment House Floor Amendment 1
Sponsor S. Lee
Summary Create a new section of KRS Chapter 453 to provide that a guardian ad litem appointed in a tort action be paid a reasonable fee for his or her services, to be taxed as costs and paid in accordance with KRS 453.040; APPROPRIATION.
Index Headings Courts - Guardians ad litem and court-appointed counsel, fees for
Disabilities and the Disabled - Guardians ad litem and court-appointed counsel, fees for
Appropriations - Guardians ad litem and court-appointed counsel, fees for
Civil Actions - Guardians ad litem and court-appointed counsel, fees for
Counties - Guardians ad litem and court-appointed counsel, fees for

Amendment House Floor Amendment 2
Sponsor D. Elliott
Summary Clarify that guardians ad litems appointed to represent minors in guardianship or conservatorship hearings receive a reasonable fee to be paid by the plaintiff; return language pertaining to court-appointed counsel for certain respondents in domestic violence or interpersonal protection order proceedings to the introduced version; APPROPRIATION.
Index Headings Courts - Guardians ad litem and court-appointed counsel, fees for
Disabilities and the Disabled - Guardians ad litem and court-appointed counsel, fees for
Appropriations - Guardians ad litem and court-appointed counsel, fees for
Civil Actions - Guardians ad litem and court-appointed counsel, fees for
Counties - Guardians ad litem and court-appointed counsel, fees for

Last updated: 4/3/2020 3:41 PM (EDT)
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