The proposed bill would amend current statutes regarding the appointment of attorneys and guardians ad litem in juvenile court proceedings. Under the current law, the court is required to appoint an attorney for a child in delinquency proceedings and must represent the child throughout the proceedings, including through dismissal in dependency cases. The bill introduces new requirements, including that the appointed attorney must assess the child's capacity to express their opinions and make decisions, consulting with the child and their family. Additionally, the attorney must meet with the child at least once a month if they are five years or older.

The bill also establishes a framework for when an attorney determines that a normal attorney-client relationship cannot be maintained due to the child's diminished capacity. In such cases, the attorney is required to use substituted judgment to represent the child's best interests. Furthermore, if the attorney believes the child is at risk of significant harm and cannot act in their own interest, they must inform the court or request the appointment of a guardian ad litem. The bill removes the requirement for the attorney to represent the child through dismissal in dependency proceedings and makes technical changes to the existing language.

Statutes affected:
Introduced Version: 8-221
Senate Engrossed Version: 8-221