SB 1391 Summary

• Court shall appoint an attorney for children in all delinquency, dependency, and termination of parental rights proceedings before the first hearing, and the attorney shall represent the child through all stages including permanency in dependency cases.

• Attorney appointment requires only the child's knowing, intelligent, and voluntary waiver (rather than requiring both child and parent/guardian waiver) for indigent juveniles, parents, or guardians.

• Court shall appoint counsel before any hearing that may result in institutionalization or mental health hospitalization unless counsel is waived by the juvenile alone.

• In dependency proceedings involving abuse or neglect allegations, the court may (rather than shall) appoint a guardian ad litem who is distinct from the child's attorney and is not required to be an attorney.

• Guardian ad litem or appointed attorney must meet with the juvenile before the preliminary protective hearing or within fourteen days after, and before all substantive hearings unless extraordinary circumstances warrant modification.