This bill proposes significant updates to the current statutes regarding changes of judge in juvenile court proceedings. Under the new provisions, each party involved in a permanency determination action would be granted the right to request a change of judge for cause based on specific grounds, such as the judge's prior engagement as counsel, personal interest in the matter, or perceived bias. The bill outlines the procedures for filing such requests, including the requirement for a supporting affidavit and the necessity to notify all parties involved. Additionally, it establishes that a party waives their right to a change of judge for cause if they allow a contested proceeding to continue without objection after becoming aware of the grounds for the change.

Furthermore, the bill introduces the right for each party to make one request for a change of judge without cause, which can be done either in open court or through a formal notice. This request must be filed within five days of being notified of the judge's assignment. The bill also clarifies that participation in any contested proceeding before the judge waives the right to a change of judge without cause, and it applies this waiver to all related petitions and proceedings. Importantly, if a case is remanded to a new judge, parties who have not waived their rights can file a notice for a change of judge within ten days of being notified of the new assignment. The bill also specifies that judges named in such motions may not take further action in the case, except for necessary temporary orders to protect the child involved.

Statutes affected:
Introduced Version: 8-235.01
House Engrossed Version: 8-865