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HI HB480

Bill

Status

Introduced

1/25/2021

Primary Sponsor

Ryan Yamane

Click for details

Origin

House of Representatives

2022 Regular Session

AI Summary

  • Requires the family court to appoint counsel to indigent parents in foster care cases under Chapter 587A, Hawaii Revised Statutes, changing from discretionary ("may") to mandatory ("shall") appointments.

  • Courts must make every effort to provide appointed counsel at the first hearing attended by the legal parent, and shall not enter prejudicial orders until counsel appears or the parent knowingly waives the right to counsel on the record.

  • Expands eligibility to include parents who were previously represented by private counsel but are now indigent and no longer represented by counsel.

  • Allows courts to grant continuances to appointed counsel if not assigned at least three days prior to the hearing date.

  • Responds to Hawaii Supreme Court decision in In re T.M. (2014) establishing that due process rights require appointed counsel in parental rights termination proceedings.

Legislative Description

Relating To The Child Protective Act.

Family Court

Last Action

Carried over to 2022 Regular Session.

12/10/2021

Committee Referrals

Health, Human Services, & Homelessness1/27/2021

Full Bill Text

No bill text available