2023/2024 FEDERAl/STATE CIVIL RIGHT TO COUNSEL BILLS

Description

Latest Status

Provides an adult adoptee with right to GAL if adoptee unable to give consent; Replaces discretionary appointment of GAL for incompetent/incapacitated parent with mandatory appointment of independent counsel or GAL; Replaces mandatory appointment of GAL for adoptee in contested adoptions with discretionary appointment of court rep.

Enacted on 4/18.

Provides that the court shall appoint counsel for abuse/neglect proceeding respondents who are incarcerated or involuntary committed, unless the court determines the respondent is able to financially secure counsel on their own.

Signed by Governor on 5/15.

Subject of temporary extreme risk protection order who must surrender their firearms and conceal carry permit has RTC at hearing on the extreme risk protection order.

Signed by Governor on 4/28.

Requiring the Dep't of Ed. to create and maintain a list of qualified attys to represent a parent in a DP complaint.

Signed by Gov. on 5/25.

Amends the Juvenile Code to state: "Court shall, at juvenile's detention hearing, appoint a[n] [attorney] GAL for a juvenile pursuant to this article..." In CO, truancy matters are treated as status offenses.

Gov. signed on 6/7.

Providing RTC to indigent parents or Indian custodians in any removal, placement or TPR proceeding concerning Indian child.

Enacted on 6/14. 

Authorizes arbiter in family law dispute to appoint counsel for a child at the expense of the parties.

Signed by the Mayor and enacted on 1/10/23.

Provides counsel to indigent tenants facing eviction whose landlords have 4 or more units provided that the tenant applies for services and their case is deemed meritorious.

Signed by Governor on 7/25/23.

Repeals Ch. 57 of Title 16 of Del. Code, which is the chapter that covers involuntary sterilization proceedings, for which the respondent currently has a qualified RTC.

Signed by Governor on 9/11/23.

Provides RTC to children receiving extended youth care services.  Permits court to appoint counsel for child at hearings about continuation or termination of temporary guardianship or at legitimation proceeding.

Enacted 5/1/23.

Requesting the judiciary to collect data about how often the landlord is granted possession in eviction cases when the LL has counsel and the tenant is pro se.

Enacted on 5/22.

Amends existing "[RTC] in Immigration Act," which created a task force to investigate the resources that would be required to to create a RTC for covered individuals in certain immigration matters, to extend the deadline for the task force's report from to 2024 and extend the repeal date to 2025.

Enacted on 6/27.

Court must appoint an attorney or GAL for unrepresented respondents in proceedings related to disclosure of respondent's confidential medical records.

Signed by Governor on 4/20/23.

Providing that commission or conviction of a sex offense resulting in conception of a child is grounds for TPR. Court has discretion to appoint counsel for the child in this matter.

Signed by Gov. on 6/9.

Appropriating $3.5 million in general funds to "the Maryland Legal Services Corporation for the purpose of providing increased [tenant RTC] services."

Passed as amended in both chambers on 4/3/23. Approved by Gov. on 4/24.

Making the requirement that Comptroller distribute certain amount of abandoned property funds to eviction RTC program, and the requirement that the Governor appropriate money to eviction RTC program, run through 2027.

Approved by Gov. and chaptered on 5/16.

Provides indigent parents and Indian custodians of Indian children with the RTC “in any Indian child custody proceeding or emergency proceeding” and provides discretionary appointment to counsel to Indian children in such matters if appointment of counsel is in their best interest.

Enacted on 6/22 by two-thirds majority as emergency measure.

Provides right to court-appointed counsel for public housing tenants facing eviction for breach of lease.

Signed by Governor on 5/19/23.

Providing RTC to any indigent parent or Indian custodian in any state court child placement proceeding and to any Indian child ten years of age or older.

Approved by Governor on 3/16/23.

Expands RTC for children alleged abused and neglected to all stages (instead of just all critical stages), and removes indigency requirement. Also expands "all stages" to include shelter hearings.

Approved by Governor on 4/19/23.

Provides for a process through which parental rights may be reinstated, including through a petition filed by the child and for which the child is entitled to court-appointed counsel.

Signed by Governor on 4/27.

Amends RTC provisions for children in abuse/neglect proceedings. Makes appointment for child mandatory even where GAL is appointed.

Chaptered on 5/22/23.

Establishes the Montana Indian Child Welfare Act; providing for RTC in child custody proceedings for Indian children's parents and Indian custodians where indigent; providing discretionary appointment of counsel for Indian children pursuant to 41-3-425.

Signed by Governor on 5/22.

Creates procedure for safe surrender of an "infant" (a child reasonably believed to be 7 years old or younger); provides RTC to parent in subsequent TPR proceedings, but it is unclear whether RTC applies to surrendering parent, other parent, or both parents.

Governor's veto overridden; enacted on 5/16.

Clarifies that when judge exercises discretion to appoint a GAL to represent a child in a contested action regarding parenting rights and responsibilities, the GAL must be an attorney.

Signed by Governor on 3/27/23.

Amends probate act to create procedure for appointment of emergency conservator to provide a right to GAL for the respondent upon filing the petition for appointment; however, unlike other sections of the code providing for a right to an attorney guardian ad litem, this new section doesn't specify that the GAL is an attorney.

Signed by Governor on 3/27/23.

Narrows discretionary appointment of counsel for children subject to guardianships to situations where the court determines "the child is of sufficient age and competency to assist counsel".

Signed by Governor on 3/27/23.

Revokes guardian's authority to consent to involuntarily treatment of ward with prescribed medications; Creates process through which guardian must seek authorization to involuntarily treat the ward and requires the court to appoint an attorney GAL for the ward upon the filing of a petition for involuntary treatment.

Signed by Governor on 3/27/23.

Original bill provided presumption that person has capacity to make healthcare decisions, which provider may rebut. At hearings about capacity, the court shall appoint counsel where person is unrepresented. But these provisions were removed from enacted bill.

Approved by Gov. on 5/30/23.

Provides indigent parents or custodians of Indian children with the RTC in abuse/neglect, TPR, adoption, and foster care proceedings, sometimes with a request requirement. Provides Indian children with (a) a mandatory RTC in abuse/neglect; and (b) discretionary appointment of counsel in foster proceedings.

Chaptered on 6/13.

Repealing RTC for minor respondents in certain order of protection matters.

Approved by Governor on 5/31.

Creates processes to determine capacity of abuse/neglect respondent and to determine appropriateness of initial/continued placement of child in residential program. Expands child's RTC and respondent's discretionary appointment of counsel to these matters; incapacitated respondents have right to GAL, but unclear whether GAL must be an atty.

Signed by Gov. on 6/18.

In matters related to the extension of temp. OPs filed under FCT § 304.2, providing minor respondents with the RTC "pursuant to [FCT § 249]."

Chaptered on 9/15/23.

Specifies that for fees/fines cases, person has right to hearing on ability to pay, and court can only impose incarceration if person has been represented by counsel or waived RTC.

Approved by Governor on 5/15.

Provides RTC for residents committed to the Sexually Violent Predatory Treatment Program for purposes of challenging the commitment and subsequent periodic reviews based on the ineffective assistance of counsel."

Signed by Governor on 5/16.

Amends the Structured Settlement Protection Act to allow the court to appoint counsel to advise the court about whether transfer is in the best interests of the payee. Requires the court to appoint such counsel if payee is minor or appears to "suffer from a mental or cognitive impairment."

Signed by Governor on 5/16.

Provides that a person with a felony sexual offense charged that has been dismissed due to a developmental disability may be subject to civil commitment proceedings for which they have the RTC if indigent.

Signed by Governor on 3/27/23.

The law currently provides proposed protected person with atty ad litem, but it's unclear whether best interests or client-directed attorney. Bill would specify that the atty also represents the proposed ward's expressed wishes.

Governor signed on 6/18.

Provides a RTC for parents where the State seeks a court order to require parents to participate in services.

HB 730: Governor signed on 6/9.

SB 614: Governor signed on 6/18.

If a minor is called as a witness, the court may appoint an attorney GAL to represent the minor's interests if the court determines "the circumstances so require."

Approved by Governor and chaptered on 3/23. Effective 7/1/23.

Creating tenant representation pilot program to be administered by VT Legal Aid which shall provide full rep. to eligible and consenting tenants in Lamoille and Windsor counties.

Signed by Gov. on 6/5.

Indicates arbitrator of family law case has authority to appoint attorney or GAL for a child at the expense of the parties.

Passed on 4/13/23 w/ effective date of 1/1/24.

Bill would've required office of civ. legal aid to propose a plan to create RTC for indigent DV survivors, but enacted version simply requires the court to provide written info about legal aid orgs that may be able to assist with a motion to reconsider if the court denied a full protective order.

Enacted on 5/15.

Indigent parents or Indian custodians of Indian children have the RTC in shelter care placement or termination proceedings; court may appoint counsel for Indian child if in child's best interests.

Chaptered on 3/9/23.

Description

Latest Status

Providing for appointed counsel upon request in immigration matters for judicial review of provisional denials.

Referred to Judiciary and Education & Workforce Committees on 6/15.

Providing fundamental rights to adult persons subject to guardianship or conservatorship proceedings including the "right to an independent, qualified [client-directed] lawyer."

Referred to the Committee on Health, Education, Labor, and Pensions on 3/30/23.

Providing that courts may appoint counsel for disabled individuals who need long-term services and supports that have filed a discrimination complaint "[i]n such circumstances as the court [determines] to be just."

HB 2708: To Judiciary and Energy and Commerce Committees on 4/19.

SB 1193: To Health, Education, Labor, and Pensions Committee on 4/19.

If a fed. court respondent to an extreme risk protection order is unable to afford atty, the court shall, at respondent's request, "to the extent practicable" ensure that they are represented by an atty.

To Judiciary on 4/28.

A bill to establish the right to counsel, at Government expense for those who cannot afford counsel, for people facing removal.

SB 1187: Referred to Judiciary Committee on 4/18.

HB 2697: To Judiciary Committee on 4/18.

Providing that the AG may appoint or provide counsel to a noncitizen in certain removal proceedings conducted under specified code sections.

To various Committees including Judiciary on 6/7.

Requiring the Sec. of Homeland Security to ensure that a "covered individual" in an immigration proceeding has a "meaningful opportunity to consult with counsel" and "to the greatest extent practicable, accommodate a request by the covered individual for counsel."

HB 666: Referred to Committee on the Judiciary on 1/31/23.

SB 342: Referred to the Committee on the Judiciary on 2/9/23.

Appears that this bill attempts to roll back the RTC for unaccompanied children in immigration matters by striking "have counsel to represent them," replacing with "have access to counsel to represent them." Unclear whether this is the impact that would result.

SB 685: Referred to Judiciary Committee on 3/7/23.

HB 2417: Referred to Judiciary Committee on 3/30/23.

HB 2640: Ordered to be Reported (Amend.) on 4/19/23.

HB 2: Passed in House on 5/11. Rec'd by Senate on 5/15.

SB 2824: To Judiciary on 9/14.

HB 5525: To Approp. and Budget Committees on 9/14.

Currently, RTC is discretionary and only applies if the person's primary residence is subject to forfeiture. Makes RTC mandatory and regardless of the type of property, where the person is indigent or if attys' fees would exceed the value of the property.

To various Committees on 3/9. Health Subcommittee hearing on 6/14 at 10am.

The AG shall make grants to organizations that provide direct representation to immigrants.

HB 1643: Referred to various committees on 3/17/23.

SB 883: Referred to Judiciary Committee on 3/21/23.

Would authorize $10 billion in Emergency Solutions Grants (ESG) to fund legal counsel for those facing or at risk of eviction.

Introduced on 5/27/23.

Adding an additional section to the mental health code to permit 5-year commitments (law currently allows for 30-day, 90-day and 180-day commitments) for which the RTC would apply.

Passed Senate on 5/8/23. House Judiciary hearing on 5/10 at 1pm.

In civil commitment matters, changes standard from "probable cause" to "clear and convincing evidence," the finding upon which the RTC is triggered.

To Health & Soc. Servs. and Judiciary Committees on 5/5/23.

Amending family code to add section prohibiting court from requiring a child to be placed in a residential facility or program or to participate in services or therapy, whether residential or outpatient, w/o receiving consent of the child's attorney.

To Judiciary and Human Services Committees on 4/17/23. Hearing 4/25 at 9am.

Repealing provision requiring minors to obtain parental consent for abortions, thereby repealing RTC for minors in bypass proceedings.

Senate passed as amend. on 5/31. Assembly passed as amend. on 9/6. Senate concurred on 9/7. To Gov. on 9/13.

The bill adds reference to the Cal. Indian Child Welfare Act so that provisions governing the welfare of Indian children do not rely only on the federal Indian Child Welfare Act.

Passed in Assembly on 4/20. Senate Judiciary reported favorably on 7/11. 3rd reading on 8/14. Ordered to inactive file on 9/11.

Amending CARE Act provisions (for vol. or court-ordered treatment of some mental health conditions). Seems to narrow the scope of representation by removing language related to "any proceeding" and "including appeals."

Senate passed on on 5/4. Assembly  passed as amend. on 9/12. Senate concurred on 9/14. To Gov. on 9/21.

Providing RTC at revocation of parole hearing.

Senate Corrections & Pub. Safety reported out.

Indigent parents currently may be appointed counsel in abuse/neglect matters. The bill would provide them with a categorical RTC at all stages of the proceedings and require notice of the right.

Judiciary Committee favorably reported.

Providing RTC for indigent parents upon the filing of petition for custody or family supervision and at first hearing attended unless knowing and voluntary waiver. Places affirmative duty on court to inquire about indigence if parent appears without counsel. Prohibits entry of prejudicial finding or order if attorney not present, and provides court must grant requested continuance if counsel not appointed at least 3 days before hearing.

SB 411 referred to HHS and JDC on 1/25/23.

HB 779 referred to JHA on 1/30/23.

HB 829 scheduled to be heard before JHA on 2/7/23 at 2:00 pm, but the committee(s) on JHA recommend(s) that the measure be deferred.

For minors seeking emancipation, the court shall appoint a GAL for the minor and and attorney to "represent the interest of the minor" if indigent and "where the court finds that the minor requires a separate legal advocate to advise the minor regarding the rights, responsibilities, and legal consequences associated with emancipation".

Referred to HHS, JDC on 1/25/23.

Requires child's GAL, attorney, CASA et al. to notify court if aware that child in foster care has suffered an injury that may constitute a tort. Court shall hold hearing to determine whether to appoint a master to investigate merits of tort claim. If court decides further action is necessary, it may authorize tort claim and either appoint outside counsel for child if in child's best interest or authorize master to continue to represent child.

HB 1291: HUS Committee recommends pass with amendments' referred to JHA on 2/17.

SB 1530: referred to HHS, JDC on 1/30/23.

Enacts RTC for minors subject to guard. where (i) requested by a minor 12 yrs of age or older, (ii) GAL recommends, or (iii) court determines minor needs rep; Changes factors court must consider in deciding whether to appoint atty for adult in plenary guard. hearings; Changes RTC for adults in emergency guard. cases from discretionary to mandatory and adds RTC in emergency conservatorship cases; Adds RTC where adult seeks to remove guard. or conservator and where adult seeks to modify or terminate guard/conservatorship and factors are met.

HB 1440 scheduled for hearing on 2/24/23. Committee recommends that the measure be deferred on 2/24/23.

SB 1595 referred to HHS, JDC ON 1/30/23.

Creates RTC program for tenants to be phased in, as well as landlord registry, tenant bill of rights, and other measures aimed at addressing shortage of safe and affordable housing.

Referred to Rules Committee on 3/9/23.

Requires court to appoint counsel for indigent tenants facing eviction; Supreme Court A2J Comm'n responsible for implementing.

Both referred to Rules Committee: on 3/13/23 and 3/10/23, respectively.

Provides RTC to unrepresented children in abuse/neglect proceedings, even where an attorney GAL or CASA is appointed and the CASA is represented by an attorney; also creates the Due Process for Youth Oversight Commission to oversee the creation/implementation of a youth's statutory RTC.

Senate passed on 3/24. House Rules Committee hearing on 5/3 at 9am.

This bill would require unemancipated minors to notify an adult family member when seeking an abortion and provide procedure for judicial bypass of the notice, requiring court to appoint a GAL for the minor and an attorney for the minor upon request in such proceedings.

HB 2175: Referred to Rules Committee on 3/16/23.

HB 2606: Referred to Rules Committee on 3/16/23.

Providing children in abuse/neglect, TPR, and truancy proceedings with the right to client-directed attorney in all proceedings (including appeals), where they were previously entitled only to an attorney GAL. Makes appointment of GAL discretionary.

To Judiciary Committee on 2/9. House hearing held on 2/16.

Establishes that, unless the parties agree otherwise on record, the arbitrator of a family law dispute has the authority to appoint an attorney, GAL or other representative for a child at the expense of the parties.

Passed House on 2/1/23; Senate Judiciary Committee hearing on 3/24 at 10:30am.

Abolishes pre-conviction civil forfeiture and provides RTC for indigent defendants in criminal forfeiture proceedings.

Referred to Committee on Corrections and Juvenile Justice on 3/1/23.

To provide for funds "for the initial costs of establishing a '[RTC]' program" for "eligible individuals in eviction proceedings[.]"

Referred to the Joint Housing Committee on 6/22.

Providing RTC to minors who are at least 13 years old in seeking protective orders due to abuse or harassment.

Joint Judiciary Committee hearing on 9/7 at 1pm.

Providing RTC for property owners in civil assets forfeiture cases that are filed by individual persons as opposed to the state.

Joint Judiciary Committee hearing on 9/7 at 1pm.

If no beds at inpatient psych. facility and the person is sent to the ER, they must be informed of their RTC; if they request counsel, the ER shall contact the PD and counsel shall be appointed.

Referred to the Joint Committee on Mental Health, Substance Use & Recovery on 2/16/23.

If decedent's home is under foreclosure or lien enforcement, and additional continuance is not granted, the court shall appoint counsel to represent the homestead in the action or proceeding.

Referred to the Joint Judiciary Committee on 2/16/23.

Repealing RTC for indigent sex offenders at sex offender classification hearings.

Joint Judiciary Committee hearing on 9/12 at 1pm.

Providing that a student who has been suspended or expelled and appeals that decision "[has] the right to counsel" at the hearing with the superintendent; it is not clear whether this creates a RTC.

Joint Edu. Committee hearing on 6/6 at 1pm.

In guardianship proceedings, requires the notice to advise the alleged incapacitated person of their right to legal representation.

Referred to Joint Judiciary Committee on 2/16/23.

Creating the "Housing First and Housing for All Fund," to be used for, among other things, supporting "the [RTC] or other legal representation in eviction cases."

Referred to Joint Revenue Committee on 2/16/23.

Creating process for petitions for "a critical community health service treatment plan" order and providing that court may appoint counsel "if necessary" for individuals subject to these petitions and petitions related to noncompliance.

HB 1694: Joint Judiciary Committee hearing on 9/7 at 1pm.

SB 980: Joint Judiciary Committee hearing on 9/7 at 1pm.

For petition to revoke or suspend a surrogate decision-maker's authority on grounds of abuse, neglect, or exploitation, decision-maker has RTC if indigent.

SB 109: Joint Committee on Children, Fam. and Persons with Disabilities hearing on 9/18 at 1pm.

HB 1485: Referred to the Joint Judiciary Committee on 2/16.

HB 201: Joint Committee on Children, Fam. and Persons with Disabilities hearing on 9/18 at 1pm.

Child's guardian has RTC where noncustodial parent seeks custody or visitation, or where guardian seeks adoption. In probate cases filed by State, provides custodial parent seeking stepparent adoption w/RTC, if noncustodial parent who's opposed has court-appointed counsel.

Referred to Joint Judiciary Committee on 2/16/23.

A party with sufficient standing who brings a Right Of Action [for Specific Environmental Pollution] based on actual, or sufficient evidence of harm, has the RTC.

Joint Judiciary Committee hearing on 9/7 at 1pm.

Providing RTC in eviction proceedings to indigent individuals who are either (a) tenants;  or (b) owner-occupants of a 1-3 unit building.

HB 1731: Joint Judiciary Committee hearing on 5/9 at 1pm.

SB 864: Joint Housing Committee hearing on 9/27 at 1pm.

Bill appears to expand RTC for adult respondents in matters related to appointment of a standby guardian.

Judiciary hearing held on 6/7. Reported without rec. or amend.

Approp. $5 million in support grants to eviction RTC for communities that have adopted local RTC ordinance. Grants must be used to provide counsel for qualified low-income occupants in residential eviction cases that threaten occupancy.

Passed Senate and referred to House Appropriations on 5/10.

Creates African American Family Preservation Act; Requires court to appoint "qualified counsel" for parent or custodian of an African American child subject to an emergency protective care hearing, if parent meets eligibility req.

HF 912: referred to Children and Families Finance and Policy on 1/26/23.

SF 716: referred to Health and Human Services Committee on 1/25/23.

Creates right to court-appointed counsel for tenants facing eviction who are financially unable to obtain counsel.

SF 1629: Referred to Judiciary and Public Safety on 2/13.

SF 1298: Reportedly favorably by Hous. and Homelessness Prevention & Judiciary and Public Safety on 3/27.

HF 917: Passed as amended by House on 4/19; referred to Senate Rules and Admin on 5/21.

HF 125: Re-referred to Judiciary Finance & Civil Law on 1/30.

SF 98: Re-referred to Hous. and Homelessness Prevention on 1/23.

Repeals Minn. Stat. § 144.343, which requires a minor to notify parents that they are seeking an abortion and provides for a procedure to bypass parental notification during which the minor is entitled to court-appointed counsel.

Hearing scheduled for 2/9/23 at 8:30 am.

Creates process for safe surrender of "infant" (child believed to be 7 yrs old or younger); provides RTC to parent in subsequent TPR matters, but unclear whether RTC applies to surrendering parent, other parent, or both parents. Similar to SB 20, which was enacted.

Passed in House on 3/7. Senate adopted as amend. but House didn't concur. Conf. Committee appointed on 7/12 and 8/10. Conf. Report adopted on 9/21. To Gov. on 9/22.

Provides RTC to residential tenants facing eviction in counties containing a city of the metropolitan class or a city of the primary class.

Hearing scheduled for 3/8/23 at 1:30 pm.

A person charged with an "eligible offense" ("including...any misdemeanor, infraction, traffic infraction, violation of a city or village ordinance, or violation of a county resolution," but not felonies) who previously failed to appear in relation to that offense, may appear before the court during open court hours, during which the court shall ensure that "the public defender or other appointed counsel" are available to assist them.

Judiciary Committee hearing on 3/16/23 at 1:30pm.

Provides RTC to minor children who are the subject of proceedings in the judicial branch family division; For abused/neglected children, changes definition of conflict that triggers discretionary appointment of counsel from instances where child's expressed interests conflict with "the recommendation for dispositional orders" of the GAL, to instances where the child's expressed wishes conflict with "any recommendation of the GAL."

Pub. hearing held on 1/24/23. Retained in Committee on 2/24/23. Hearing 9/26 at 11am; Child. and Fam. L. Committee hearing on 10/18 at 1pm.

Original version provided indigent tenants facing eviction with the RTC, but amended version just requires courts to notify tenants of possibility of obtaining assistance from legal services and provide contact info.

House voted ought to pass on 4/6. To Senate Judiciary on 5/18.

If a defendant is represented by a public defender or appointed counsel in a criminal matter, "the public defender or appointed counsel shall represent the defendant in the forfeiture proceeding and any other related criminal proceeding."

Hearings held on 2/17/23 and 2/24. Retained in Committee on 2/24. Crim. J. & Pub. Safety s/c workgroup session on 9/22 at 1pm.

Clarifies that Division of Mental Health Advocacy in Office of Public Defender is required to represent indigent patients in all mental health commitment proceedings, whether related to inpatient or outpatient treatment.

Carryover bill. Introduced, Referred to Assembly Health Committee on 2/28/22.

Providing that a person may not be detained for mental health eval. for >72 hours w/o temp. court order. Upon petitioning for an additional 72-hr hold, the Office of the P.D. shall appoint counsel to represent the patient.

AB 5182: Approp. hearing held. Reported from Assembly w/amend. Sub. by SB 3929.

SB 3929: Passed by Senate as amend. on 6/30. Passed by Assembly on 6/30.

Guarantees a right to counsel for tenants facing eviction.

Referred to Judiciary Committee on 1/11/22.

Referred to Judiciary Committee on 3/7/22.

Creates process for involuntary civil commitment of children and requires appointment of counsel for child if indigent.

Referred to Women and Children Committee on 2/14/22.

Specifies that counsel must be appointed in all guardianship cases involving an indigent respondent and that appointment lasts until the guardianship is terminated.

Assembly Human Servs. Committee reported out with amend. on 5/18.

Requires court to appoint counsel where defendant fails to appear in civil case and no affidavit is filed stating that defendant is not in active military.

AB 753 and SB 167 referred to Military and Veterans' Affairs Committees on 1/11/22.

Creates legislative task force to study appointment of counsel for DV victims.

AJR 15 referred to Judiciary Committee on 1/11/22.

SJR 67 referred to Judiciary Committee on 3/3/22.

Specifies that appointed counsel in guardianship cases lasts until the guardianship is terminated.

Referred to Health, Human Services and Senior Citizens Committee on 2/10/22.

Requires appointment of counsel for conservatorships (current law makes it discretionary).

Referred to Health, Human Services and Senior Citizens Committee on 2/3/22.

Proving legal services to youth and their family where youth are ordered to participate in invol. commitment due to their mental health and are in the custody of the office of children and family services or placed or committed to a state operated juvenile detention center.

Referred to Mental Health Committee on 3/1/23.

Creates process to compel assisted outpatient treatment for substance abuse and provides RTC "at all stages of a proceeding commenced under this article."

Referred to Alcoholism and Drug Abuse Committee on 2/14/23.

Amends the real property and proceedings act to require the court to grant continuances of at least 30 days (and more than once if necessary) where the party may be eligible for a free attorney under local law, for the purpose of retaining and consulting with counsel.

SB 3254: Referred to Housing, Construction and Community Develop. Committee on 1/30/23.

AB 4993: Referred to Judiciary Committee on 2/27/23.

Creates RTC for individuals “against whom a removal proceeding may be or has been commenced.”

Referred to Finance Committee on 1/4/23.

Providing unaccompanied minors with culturally and linguistically appropriate services and supports, including the RTC in immigration-related proceedings in state court, federal court, and any appeals arising from those matters.

AB 3271: To Ways & Means on 5/23.

SB 4419: referred to Children & Families Committee on 2/8/23.

Creates RTC for individuals facing removal proceedings.

Referred to Committee on Codes on 4/25/23.

Providing an indigent person convicted of sex offense with the RTC in matters related to modifying or terminating their monitoring.

Referred to Correction Committee on 4/11/23.

Expands the RTC to include respondents in guardianship proceedings and kinship caregivers in custody and guardianship proceedings.

Judiciary Committee hearing scheduled for 1/17/23; Referred to Finance Committee on 1/17/23.

Establishes system for discretionary appointment of counsel in a number of areas, including Labor Act violation complaints, public benefits appeals, revocation and suspension of drivers' license for traffic infractions and administrative review/appeals of such, certain eviction and foreclosure actions, and certain support proceedings under the Family Court Act.

AB 291: referred to Judiciary Committee on 1/4/23.

SB 4689: To Judiciary Committee on 5/16.

Establishes system for discretionary appointment of counsel in a number of areas for veterans at or below 400% of FPL, including Labor Act violation complaints, public benefits appeals, revocation and suspension of drivers' license for traffic infractions and administrative review/appeals of such, certain eviction and foreclosure actions, and certain support proceedings under the Family Court Act.

Referred to Judiciary Committee on 1/11/23.

Provides RTC for covered individuals in immigration proceedings.

To Finance Committee on 4/20.

Provides that all "covered businesses" shall have access to legal services in bankruptcy proceedings; RTC does not extend to appeals.

AB 368: referred to Judiciary Committee on 1/6/23.

SB 3033: referred to Finance Committee on 1/26/23.

Provides a right to full representation in eviction proceedings for eligible individuals, defined as someone at risk of losing their housing in a "covered proceeding," including administrative proceedings, becoming eligible at which time they receive notice to terminate or if they are a party in a covered proceeding or are reasonably anticipated to become a party.

Referred to Judiciary Committee on 1/17/23.

Expanding the RTC in custody and guardianship of minor proceedings to kinship caregivers.

Children and Families Committee favorably referred to Ways and Means Committee on 2/7/23.

Establishes RTC in eviction proceedings in New York state; creates the New York state office of civil representation; requires that covered individuals be given notice of such right to counsel.

Referred to Housing, Construction and Community Develop. Committee on 1/24/23.

In an eviction action where a senior citizen (defined as 62 yrs or older) is a party, if the senior does not appear or is not represented by an attorney, the court may appoint an attorney for the senior.

Referred to Housing Committee on 2/8/23.

Requires parental notice of minor's abortion; provides process for judicial bypass of parental notification & RTC for minor upon request; also creates RTC for pregnant minor who is being coerced to undergo an abortion and asks court for relief.

SB 2911: Defeated in Women's Issues Committee 4/26.

AB 3398: referred to Health Committee on 2/3/23.

Indigent persons have a RTC in any proceeding impacting their rights under the second amendment.

AB 4236: Referred to Judiciary Committee on 2/13/23.

SB 5919: Referred to Codes Committee on 3/22/23.

Creates eviction defense fund to provide legal representation to tenants in eviction matters who have at least one child and an annual gross household income of 250% of the FPL or less.

To Civil Justice Committee on 2/21.

Providing that the notice to indigent parents in private TPR matters must notify them of their RTC.

Passed by House on 6/27. To Senate Judiciary on 9/13.

RTC to defendants with an annual income of 200% of less of the FPL in eviction actions to be implemented by the Oklahoma Indigent Defense system, giving priority to counties in which most evictions occur and to tenants disproportionately at risk.

Referred to Appropriations and Budget Judiciary Subcommittee on 2/7/23.

For mental health inpatient or outpatient treatment, bill would raise age of consent from 14 to 16 for minors. But minor's parent or guardian may consent on their behalf. If a minor who is at least 16 but younger than 18 objects to continued inpatient treatment for which their parent consented, the court shall appoint counsel for the minor.

To Health Committee on 6/28/23.

Changing age of consent for inpatient mental health treatment from 14 to 18 years of age, which impacts the RTC since currently, minors 14 or older who object to continued inpatient treatment are entitled to counsel.

To Health Committee on 9/27/23.

Providing RTC regardless of indigency to alleged incapacitated persons in any matter for which counsel has not been retained, including guard. and conserv. establishment, mod. and termination proceedings.

To Judiciary on 6/13.

Providing respondents of extreme risk protection order matters with the RTC upon request if indigent.

Passed in House on 5/22. To Senate Judiciary on 6/2.

Provides a RTC to indigent respondents at hearings related to involuntary treatment due to controlled substance addiction.

To Judiciary Committee on 4/28/23.

Providing RTC to unrepresented, alleged incapacitated persons regardless of their ability to pay in any matter related to guardianship of their person and estate, including termination and modification.

Passed by Senate on 6/26. To House Judiciary on 6/27. Laid on the table on 6/29.

If court is considering incarcerating a defendant who has defaulted on payment of fees/fines, notice to defendant must inform them of their RTC.

Referred to Judiciary Committee on 3/8/23. Jud. Comm. hearing on 9/27 at 9:45am.

Repeals judicial bypass of parental consent to abortion for which minors currently have a RTC; Allows guardian to consent to abortion on behalf of protected person; Creates process for judicial review if guardian refuses to consent or makes decision with which protected person disagrees, for which right to GAL and RTC attaches unless they appear with their own attorney or waive counsel.

Referred to Judiciary Committee on 3/15/23.

Unless the parties otherwise agree in a record, an arbitrator may appoint an attorney, GAL or other representative for a child at the expense of the parties.

Passed in House on 5/22. To Senate Judiciary on 6/2.

Providing child with right to attorney, GAL "or similar person" in parentage proceeding.

Referred to Children & Youth Committee on 3/13/23.

Providing RTC to indigent animal owners in civil matters related compensation for animal care costs where the animals were seized due to owner's alleged violation of laws against animal cruelty or fighting and baiting.

Passed in House on 3/29; To Senate Agriculture & Nat. Resources Committee on 3/30.

Creating RTC for tenants in eviction matters, including administrative proceedings, where tenant's HH income is not greater than 125% of FPL.

Referred to Committee on Judiciary on 3/29/23.

Creates RTC for tenants facing eviction in certain covered proceedings.

Referred to Committee on Judiciary on 1/10/23.

Providing that a GAL in private custody or visitation matter (which a child is entitled to upon agreement by the parties or in the court's discretion) must be an attorney, unless both parties are unrepresented and the GAL meets certain min. requirements.

Judiciary Committee hearing on 4/26 at 9am.

Unless parties agree otherwise in a signed writing, in a "child-related dispute," an arbitrator's powers include the power to appoint an attorney, GAL, or other representative for a child at the expense of the parties.

To Judiciary Committee on 3/21/23.

Currently, an individual who is behind on child support payments cannot vote nor register to vote. The bill would allow those behind their payments with a provisional right to vote if they enter into a payment plan to become current on payments. If the person "willfully fails" to make payments, their provisional right to vote may be revoked, but not before the court appoints an attorney for the individual and allows them to be heard.

HB 279: Crim. Justice s/c hearing 4/4/23 at 10:30am.

SB 904: To Judiciary Committee on 4/4.

If individual is unrepresented in proceeding for involuntary outpatient mental health treatment, the court shall appoint counsel in the proceeding and throughout the duration of any continuing mandatory outpatient treatment.

Assigned to s/c Health Subcommittee on 4/17/23.

Establishes that, unless the parties agree otherwise in a signed writing, the arbitrator of a family law dispute has the authority to appoint an attorney, GAL or other representative for a child at the expense of the parties.

Children & Family Affairs s/c hearing shceduled for 3/21 at 12pm. Taken off notice for calendar on 3/21.

Creates process for mandatory outpatient treatment; provides defendant in such a proceeding has a RTC: "If the person does not employ an attorney, then the court shall appoint an attorney to represent the person as soon as possible after the case is docketed."

Referred to Senate Health and Welfare Committee on 1/21/23.

Providing that if the respondent to a mental health order of protection does not employ an attorney, the court shall appoint an attorney to represent them not later than 3 days before the hearing date.

Introduced on 8/22/23. Assigned to s/c Civil Justice Subcommittee on 8/28.

If a criminal D is represented by appointed counsel in criminal matter and is also a claimant in related forfeiture matter, then counsel shall also represent the D in the forfeiture matter.

HB 1285: Crim. Justice s/c hearing scheduled for 3/28, but taken off notice for calendar.

SB 1462: Placed on Judiciary Committee cal. for 3/28.

Changes qualified appointment child in private TPR matters from either a best interest or client-directed atty to client-directed only. Also amends child's discretionary appointment of counsel in custody disputes to remove best interest atty, allowing remaining categories of client-directed atty or GAL. Permits appointment of best interest atty for kids in both matters, if balancing test factors met.

HB 1544: Died in House on 5/5.

SB 2277: Passed Senate on 4/27; Passed House on 5/24. Vetoed by Gov. on 6/18.

SB 24: Filed on 6/19.

SB 13: Filed on 6/30.

Provides that public defender shall be assigned to indigent individuals in certain forfeiture proceedings.

Referred to Judiciary Committee on 2/21/23.

Providing RTC to child's parent, guardian, or custodian in any parenting plan or child custody proceeding if they are affected by substance use disorders, mental health disorders, or behavioral health concerns; court may also appoint counsel for the child if it finds appointment is in the child's best interests.

Scheduled for hearing in the Committee on Law & Justice on 2/9/23 at 8:00 am.

Clarifies that RTC for extended foster care children in dependency proceedings attaches only "[i]f a youth does not already have counsel"; creates "postextended foster care" program.

Executive Session scheduled for 2/22/23 but no action taken.

When there is no pending dependency proceeding and the Dep't of Children, Youth, and Families proposes a voluntary placement agreement, the child's parent, guardian or legal custodian has the right to consult with an attorney by telephone or video conference. If after the consultation, they desire to have an attorney assigned, they shall receive representation by counsel according to the implementation schedule in the bill.

Human Services, Youth, & Early Learning recommended 1st substitute bill be substituted, do pass on 2/3/23; referred to Appropriations Committee on 2/7/23.

A parent may seek to preclude establishment of parentage if the parent alleges sexual assault resulted in the pregnancy. Creates the right to court-appointed counsel for an indigent petitioner and respondent in such a proceeding.

Executive Session scheduled on 2/17/23 but no action was taken.

Description

Status

Amends RTC in juvenile code to provide for presumption of indigence for juveniles and prohibit assessment of fees/costs against juvenile or their family.

Died in House Committee on 5/1.

Adding Chapter regarding Indian Child Welfare proceedings, which would provide the RTC for indigent Indian parents or custodians in any involuntary juvenile court proceedings under the Act and provide for discretionary appointment of counsel for Indian child if court finds appoint is in child's best interest.

Died in Committee on 2/17/23.

Specifies that counsel appointed for a child in neglect proceedings continues for the duration of any such proceedings, i.e. to extended foster care proceedings.

Died in Senate on 4/27.

Requiring Judicial Branch to review procedures of housing court to ensure procedures are consistent with the state's RTC program.

Died in Judiciary Committee on 1/19.

Expanding eviction RTC to all residents of "distressed" municipalities as identified by the Dep't of Economic and Community Develop. Eligibility for eviction RTC is currently tied to HH income (80% or less of AMI) or receipt of public benefits.

HB 6108: Died in Joint Housing Committee on 1/18.

SB 941: Died in Joint Housing Committee on 2/2.

An act for continued funding of the eviction RTC program.

Died in Approp. Committee on 1/12.

CT amended its law in 2017 to stop handling truancy in court. The bill would return truancy to court, categorizing the matter as a "family with service needs" case, and provides that a "child shall be entitled to representation by counsel" in matters related to noncompliance with court orders.

Died in Approp. Committee on 4/25.

Replaces mandatory RTC for certain categories of children who are alleged dependent with a discretionary appointment of counsel for all children alleged dependent.

HB 875: Died in Senate on 5/5.

SB 1384: Died in Committee on 5/5.

Expanding the categories of dependent children who must be appointed legal counsel to include children younger than 8 years of age who are prescribed psychotropic medication; children exhibiting symptoms of a developmental disability; at risk of becoming a victim of human trafficking; with open criminal or delinquency matters; who the court determines need an attorney; and those required to have counsel for a postdispositional change in custody hearing under Sec. 39.522(3)(c).

Died in Committee on 5/5.

Requires appointment of counsel for familial caregivers in abuse/neglect cases where caregiver has provided care to child within their own home for at least 6 months.

Died in Senate.

Requiring circuit or superior courts in certain counties to implement a pilot program to appoint counsel for unlicensed caregivers in Child In Need of Service cases.

Passed in House on 2/23/23; Died in Senate.

In juvenile case where child's atty serves as a GAL or CASA, the atty must ask for independent GAL or CASA if child's wishes differ from the atty's opinion about child's best interests. Also changes RTC for children in TPR cases from discretionary to mandatory; expands mandatory RTC to include (1) children who are, or who will be, in out-of-home placement w/a services provider and (2) children 12 yrs of age or older in a CHINS proceeding. Also, children younger than 12 with a constitutional RTC cannot waive RTC and specifies the ways in which a child 12 or older can waive the RTC.

Died in Committee on 2/28.

Establishes pilot programs administered by court services office, which will select participating courts under criteria in bill. Requires these courts to appoint counsel for children under specified circumstances including where child is a respondent in a CHINS case or in a dual CHIN/delinquency case and there is a significant difference between the child's wishes and the child's best interest.

Died in Committee on 2/28.

In school disciplinary proceedings where the student or student organization does not have an attorney or nonattorney advocate to conduct cross-examination, the public education institution shall either appoint counsel or a nonattorney advocate for purposes of cross examining adverse witnesses or "provide an alternative method for conducting a meaningful cross-examination."

Died in Committee on 2/28.

Court-appointed counsel for respondent shall represent respondent “through the end of the period in which to perfect an appeal or upon the resolution of the appeal or action,” unless the guardianship or conservatorship order state otherwise.

Died in Committee on 3/30.

Adding definitions to adult guardianship code to define the respondent's attorney as distinct from their GAL and the GAL as an attorney. Providing that court shall appoint counsel upon request for purpose of assisting protected person in filing a petitioning for modification, termination, renewal, or replacement of their plenary or temporary guardian.

Died in Committee on 3/30.

A subpoena for deposition testimony shall notify prospective foreign actor deponent of its RTC at the deposition.

Died in Senate on 5/15.

Allocating funds to the Access to Counsel in Evictions Special Fund for FY 2024.

Passed Senate on 3/17; Died in House.

Providing RTC to covered individuals (at or below 50% AMI) in foreclosure actions.

HB 225: Died in House on 4/10.

SB 904: Died in Senate on 4/10.

Provides RTC at a preliminary and revocation hearing for a violation of parole or conditional release.

Died in Senate.

Provides children with RTC in abuse/neglect and TPR cases at all stages, incl. appeals, where child currently entitled only to a GAL. 

HB 1170: Died in House.

SB 675 and SB 668: Died in Senate.

Provides RTC upon request to indigent parents, guardians, and custodians in protective custody hearings under section 211.032, as well as in hearings involving removal due to alleged abuse or neglect.

Died in Senate.

Authorizes the PD to represent indigent persons in proceedings where the person has a constitutional right to appointed counsel. (It already authorizes representation of indigent parents and guardians in abuse, neglect, TPR proceedings or associated appeals).

Died in Committee on 2/28/23.

Both the RTC for children alleged to have been abused or neglected and the discretionary appointment of counsel for indigent parents or guardians who are parties to an abuse, neglect or TPR case extend to shelter hearings.

Died in Committee on 2/28/23.

Expands RTC for alleged abused and neglected children to all stages (instead of just all critical stages), and removes indigency requirement. Also expands "all stages of the proceedings" to include shelter hearings (in addition to the preexisting categories of hearings (detention, adjudicatory, and disposition hearings, as well as parole or probation revocation hearings).

Died in Committee on 1/31/23. 

Amends RTC provisions for children in abuse/neglect proceedings. Makes appointment for child mandatory even where GAL is appointed.

Passed both chambers but Gov. vetoed on 5/11. Veto override vote mail failed on 6/9.

Removes mandatory appointment of CASA "in every judicial proceeding." Replaces with discretionary appointment of attorney "or other qualified person" to serve as GAL for any child alleged to be abused or neglected." Adds new section that permits court to appoint a CASA.

Died in Standing Committee on 5/8.

Amends the section of the code that provides a child alleged to be abused or neglected with the right to a CASA and allows for appointment of an attorney if a CASA is not available, to indicate that the PD may be appointed as attorney GAL.

Passed Senate but died in House on 5/8.

Citizen review panels review child protection cases, making findings and recommendations about which the court may schedule a hearing if the Dep't disagrees with or says it cannot implement any recommendation or finding. Changes discretionary appointment for child [upon court's or party's motion] to mandatory but replaces "attorney or other special advocate" with "mediator or other special advocate."

Died in Legislative Admin. Committee on 3/3/23.

Creates statewide central registry to maintain information on individuals who are the subject of substantiated determinations of child abuse or neglect; The dep't may not add an individual to the central registry before notice and a hearing is held at which the individual has the RTC.

Passed in Senate but died in House Committee on 5/8.

Lowering age at which children in abuse/neglect proceedings are entitled to an attorney from 14 to 6 and providing children younger than 6 with a GAL.

Died in Committee.

Minor respondents currently have the RTC in matters related to temp. or extended OPs due to stalking, aggravated stalking, or harassment. The bill would add "intimidation" to this list.

Died in Judiciary Committee on 4/15/23.

Provides RTC to protected/proposed protected minors in guard. if: (a) they are 12 or older, (b) their parent objects, or (c) the guard. is contested or has a contested issue; Prohibs atty from serving in dual role; Changes circumstances under which GAL can be appointed.

Died in Judiciary Committee on 4/15/23.

Clarifies that appointment of a GAL does not affect the protected person or proposed protected person's RTC in guardianship matter.

Died in Ways and Means on 4/26.

Narrows discretionary appointment counsel for children in dependency proceedings to situations where child was allegedly abused; Repeals mandatory RTC for Indian children in dependency proceedings; in considering whether to appoint counsel for parents, court should appoint "only if facts found in dependency proceeding may effect criminal proceeding." Repeals RTC in contested adoption proceedings.

Died in Judiciary Committee on 1/16/23.

Removes hearing requirement from the mandatory appointment of counsel provision [ORS 125.080(6)(a)] for a protected person in an adult protective proceeding.

Died in Joint Ways and Means Committee on 4/19.

A public institution of higher education must establish adjudication procedures that include the RTC for students, faculty and staff. However, the bill is ambiguous as to whether the RTC means the right to appointed counsel.

Died in Education on 1/17.

Expands categories of individuals who can petition to commit an individual for an alcohol or substance use disorder to include police officers; provides RTC in such matters. Repeals separate sections of the code related to alcohol- and drug-use disorder commitments to combine them into one new section.

Withdrawn at sponsor's request on 3/25/23.

Creating new division within the public defender's office to implement a tenant RTC program.

Died in House Judiciary on 4/25.

Providing right to public defender for tenants facing eviction who cannot afford counsel and who have children that reside in the property permanently.

Died in Senate Judiciary on 5/20.

A judge cannot deny counsel to someone subject to a civil commitment proceeding because the judge perceives or knows that the person is not indigent.

Died in Criminal Justice on 3/20.

Prohibiting a judge from declining to appoint an attorney for a proposed patient in involuntary mental health treatment matters because the judge perceives or knows that the patient is not indigent.

Passed in House but died in Senate Crim. Justice on 4/26.

Creating indigent tenant eviction representation pilot program to operate in counties with a population of 3.3 million or more; tenant eligibility is tied to income (HH income at or below 80% AMI).

Died in Urban Affairs on 3/14.

Minors with "profound intellectual disabilities" in guardianships have right to an attorney ad litem. The bill would state that the court need not appoint an attorney ad litem for such a minor where petitioner is the minor's parent and primary caregiver and meets specific criteria, unless certain exceptions apply.

Died in Senate Jurisprudence Committee on 3/23.

Provides that, in appointing GAL and attorney ad litem for child in state-initiated TPR or conservatorship, court must appoint at least 72 hours before the full adversary hearing. Also requires attorney ad litem appointed for parents in such matters to meet with the parent at least 72 hrs before every court hearing unless good cause is shown. 

Died in House on 5/2.

Provides right to GAL for child in matters related to temp. orders for the child's HH member, incl. parent or guardian, to participate in services related to a dependency proceeding. The GAL may be an attorney serving in a dual role but may also be a non-attorney. The statute already requires appointment of an attorney for the child and the respondent.

HB 2794: Passed House but died in Senate Jurisprudence on 5/11.

SB 2109:  Died in Senate on 5/24.

Provides that for guardianships sought by parents of a child with profound intellectual disabilities who is becoming an adult, court is not required to appoint attorney ad litem. 

Passed in House but died in Senate Jurisprudence on 5/2.

Currently, the state health department and local health dep'ts have the authority to quarantine and isolate, and if the individual subject to the order does not consent, the dep't may seek judicial review, at which time the respondent has a right to counsel. The bill removes authority of local health dep'ts to quarantine, leaving such matters to the state health dep't.

Died in Senate on 3/3/23.

The bill would repeal the procedure for judicial bypass of parental consent to abortion (for which minors currently have a RTC), since it prohibits abortion unless (i) there is a medical emergency or (ii) the age of the fetus is 20 weeks or less and the pregnancy is the result of rape or incest in which an official police report has been filed and (iii) the abortion is performed in a hospital.

Died in Senate.

Providing that the court shall appoint counsel for an indigent respondent at emergency substantial risk order hearing, during which the court may order that the respondent is prohibited from purchasing, possessing, or transporting a firearm.

Died in Committee.

Currently, minors younger than 14 can be admitted to a mental health facility by their parents but those 14 or older must consent to being admitted to a mental health facility. If they object or are incapable of making an informed decision, the facility may seek judicial approval of the involuntary admission, and the court must appoint a GAL and counsel for the minor. The bill increases the age of consent from 14 to 16 and expands reasons for admission to include treatment for addiction.

Died in Committee.

Currently, minors 14 or older must consent to being admitted to a mental health facility. If they object or are incapable of making an informed decision, the facility may seek judicial approval of the involuntary admission, and the court must appoint a GAL and counsel for the minor. The bill increases the age of consent from 14 to 18.

Died in Committee.