HOUSE BILL No. 2035
An Act concerning children in need of care; relating to the right
to counsel; amending
K.S.A. 2002 Supp. 38-1505 and repealing the existing
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2002 Supp.
38-1505 is hereby amended to read as
follows: 38-1505. (a) Appointment of guardian ad litem;
duties. Upon the
filing of a petition the court shall appoint a person who is an
serve as guardian ad litem for a child who is the subject of
under this code. The guardian ad litem shall make an
vestigation of the facts upon which the petition is based and shall
for and represent the
child. best interests of
the child. When the child's
position is not consistent with the determination of the
guardian ad litem
as to the child's best interest, the guardian ad litem shall
inform the court
of the disagreement. The guardian ad litem or the child may
court to appoint a second attorney to serve as attorney for the
the court, on good cause shown, may appoint such second
attorney for the child shall allow the child and the guardian ad
communicate with one another but may require such communications
occur in the attorney's presence.
(b) Attorney for parent or
custodian. A parent or custodian of a child
alleged or adjudged to be a child in need of care may be
an attorney, other than the guardian ad litem or a second
pointed for the child as provided in subsection (a), in
connection with all
proceedings under this code. If at any stage of the proceedings a
desires but is financially unable to employ an attorney, the court
appoint an attorney for the parent. It shall not be necessary to
an attorney to represent a parent who fails or refuses to attend
after having been properly served with process in accordance with
38-1534 and amendments thereto. A parent or custodian who is not
minor, a mentally ill person as defined in K.S.A. 2002 Supp.
amendments thereto or a disabled person as defined in K.S.A.
and amendments thereto may waive counsel either in writing or on
(c) Attorney for parent who is a
minor, mentally ill or disabled. The
court shall appoint an attorney for a parent who is a minor, a
person as defined in K.S.A. 2002 Supp. 59-2946 and amendments
or a disabled person as defined in K.S.A. 77-201 and amendments
unless the court determines that there is an attorney retained who
appear and represent the interests of the person in the proceedings
(d) Continuation of
representation. A guardian ad litem appointed
to represent the best interests of a child or a second
for a child as provided in subsection (a), or an attorney
appointed for a
parent or custodian shall continue to represent the client at all
hearings in proceedings under this code, including any appellate
ceedings, unless relieved by the court upon a showing of good cause
upon transfer of venue.
(e) Fees for counsel. A guardian
ad litem, second attorney appointed
pursuant to subsection (a) or attorney appointed for parties
ings under this section shall be allowed a reasonable fee for their
which may be assessed as an expense in the proceedings as provided
K.S.A. 38-1511 and amendments thereto.
Sec. 2. K.S.A. 2002 Supp. 38-1505
is hereby repealed.
Sec. 3. This act shall take effect
and be in force from and after its
publication in the statute book.
Approved April 14, 2003.