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IN HB1454
Bill
Status
1/20/2011
Primary Sponsor
William Crawford
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AI Summary
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Establishes a statutory right to counsel for children alleged or adjudicated to be children in need of services (CHINS) or subject to parent-child termination proceedings, in addition to existing rights for delinquency cases
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Creates the Office of the State Juvenile Public Defender, appointed by the Indiana Supreme Court for a 4-year term, to develop and implement a comprehensive plan for legal representation of indigent children through county offices, multi-county offices, contracts with attorneys, or assigned counsel panels
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Transfers financial responsibility for indigent juvenile legal services from counties to the state effective January 1, 2012, with counties required to distribute to the state their average net expenditures for these services over the prior 5-year period on a semi-annual basis
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Prohibits children from waiving counsel unless the waiver is made knowingly and voluntarily in open court, in writing, in the child's primary language, after consulting with an attorney; requires courts to appoint standby counsel and offer counsel at each subsequent stage if waiver occurs
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Allows courts to order reimbursement of legal costs from children, parents, or guardians who have sufficient financial means, with collected fees deposited in the state general fund
Legislative Description
State plan for representation of indigent children.
Last Action
First reading: referred to Committee on Family, Children and Human Affairs
1/20/2011