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AR HB1812

Bill

Status

Passed

4/5/2011

Primary Sponsor

Tiffany Rogers

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Origin

House of Representatives

88th General Assembly (2011 Regular)

AI Summary

HB 1812 Summary

  • Amends the definition of "court-appointed special advocate" to clarify their role is to advocate for the best interest of juveniles in dependency-neglect proceedings

  • Expands parental right to counsel in dependency-neglect proceedings by requiring courts to appoint counsel for indigent parents and custodians in custody removal and parental rights termination cases, with specific requirements for affidavits of indigence and redetermination for appeals

  • Modifies petition and emergency order procedures to name juveniles as respondents rather than defendants in dependency-neglect cases and to provide notice of counsel rights to all defendants and respondents

  • Establishes burden of proof standards for different hearing types, including preponderance of evidence for dependency-neglect proceedings and clear and convincing evidence for parental rights termination, with heightened standards under the Indian Child Welfare Act

  • Creates new section 9-27-367 authorizing juvenile courts to assess court costs, probation fees, and fines from adjudicated delinquents and family in need of services cases, with funds deposited into the Circuit Court Juvenile Division Fund

Legislative Description

Concerning The Juvenile Code And Juvenile Court Procedures.

Last Action

House Notification that HB1812 is now Act 1175

4/5/2011

Committee Referrals

Judiciary3/14/2011
Judiciary3/2/2011

Full Bill Text

No bill text available