H.B. 905 Summary

• Changes Section 587A-17 to mandate court appointment of attorneys for indigent parents in foster care cases, replacing the previous discretionary "may appoint" standard with "shall appoint."

• Requires courts to make every effort to provide counsel at the first hearing attended by an indigent parent, preventing prejudicial orders until counsel appears or the parent waives the right on the record.

• Extends coverage to parents previously represented by private counsel who are now indigent and unrepresented, and allows optional appointment in family supervision cases at court discretion.

• Permits parents to knowingly and voluntarily waive appointed counsel on the record, with an exception allowing safety orders for children without counsel present.

• Implements the Hawaii Supreme Court's holding in In the Interest of T.M. (2014) that due process requires appointed counsel for indigent parents in termination of parental rights proceedings.