HB 905 Summary

• Changes Section 587A-17 to mandate that courts shall appoint counsel to indigent parents in foster care cases, replacing the previous discretionary "may appoint" standard.

• Requires courts to make every effort to provide appointed counsel at the first hearing attended by the parent, but prohibits prejudicial rulings or orders until counsel appears or the parent waives representation on the record.

• Allows indigent parents who were previously represented by private counsel but are now indigent to receive court-appointed counsel.

• Permits parents to knowingly and voluntarily waive the right to appointed counsel on the record, with an exception that nothing prevents court orders necessary for child safety.

• Codifies the Hawaii Supreme Court's holding in In the Interest of T.M. (2014) that due process rights require appointed counsel for indigent parents in child protective proceedings.