2023/2024 FEDERAl/STATE CIVIL RIGHT TO COUNSEL BILLS

 

Listed below are all of the 2023/2024 federal/state bills that address the right to counsel in civil cases.  The NCCRC monitors all such bills and regularly reports on their progress, and we also are involved with some of them. 


Where any bills from a prior year are listed as "active", they are carryover bills.


 

 

Enacted bills

 

State Bill #

Description

Latest Status

AL HB 101

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.


AL SB 240

Expands reasons for which involuntary medical treatment or civil commitment may be sought to include situations where respondent has co-occurring substance use dependency.

 

Enacted on 5/6/24.


AZ SB 1664

Bill would have provided a RTC to indigent persons against whom an allegation of abuse / neglect has been substantiated in matters related to adding the person to child abuse registry. Senate removed RTC provision through amend.

 

Gov. signed on 4/9/24.


CA SB 345

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

 

Chaptered 9/27/23.


CA SB 35

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."

 

Chaptered on 9/30.

CO SB 39

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.


CO SB 170

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.


CO HB 1168

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.


CO HB 1307

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.


CT SB 1204

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

 

Enacted on 6/14. 


DC B24-0093

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.


DE SB 1

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.


DE SB 153

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.


FL HB 7021

Bill would add "eligibility" req. for civil commitment respondents' RTC; prohibit involuntary placement of individuals with developmental disabilities in state facilities; Expand circumstances under which court can appoint counsel "without regard to the respondent's wishes."

Approved by Governor on 6/14/24.


FL SB 1224

Began as a bill to replace mandatory atty ad litem appointment for disabled children in abuse cases w/the permissive appointment for all children where requirements met; now just requires a GAL for all children. GAL may or may not be an atty.

 

Chaptered on 4/11/24.


GA HB 460

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.


GA SB 376

The court may review the Department's determination that termination of parental rights (TPR) would not be in the best interests of a child and appoint an attorney GAL for the filing of a TPR petition.

Enacted on 4/22/24.


HI SR 70

Legislative resolution 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.

ID HB 629

Currently, the court may appoint counsel for a minor or dependent child in divorce matters to represent the child's interests related to their support, custody or visitation. The bill would allow the court to appoint a GAL in the alternative.

 

Signed by Governor on 3/28/24.


ID SB 1247

Creating procedures for the involuntary care and treatment of individuals suspected of having a neurocognitive disorder who are in acute crisis and providing appointed counsel to the individual if unrepresented.

 

Enacted on 4/2/24.


IL SB 2379

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.


IN SB 287

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.


LA HB 298

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.


LA SB 39

Changing appointment of counsel for kids from discretionary to mandatory in adoptions where TPR is sought due to conviction or commission of sex offense by parent that resulted in conception; also specifies that counsel for kids in TPR matters extends through appeal.

 

Signed by Governor on 5/21/24.


LA SB 505

The court may appoint an attorney to represent a defendant pursuant to Code of Civ. Pro. Art. 5091 in an action brought by a tax lien certificate holder seeking to recognize amounts due to the certificate holder.

 

Enacted on 6/26/24.


MD HB 693

Amends responsibilities of the Office of Tenant and Landlord Affairs (formerly, the "Office of Tenant's Rights") to include developing Tenants' Bill of Rights and referring tenants to the Access to Counsel in Evictions program.

 

Chaptered on 4/25/24.


MD SB 147/ HB 498

Requiring the MLSC to make a report to the Governor containing statistics about legal representation that was provided in eviction matters.

 

SB 147: Chaptered on 4/25/24.


HB 498: Chaptered on 4/25/24.

MD HB 200

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.


MD SB 756

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.


ME LD 1970

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.


MI HB 4416

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

 

Assigned Pa 1'24 With Immediate Effect on 2/21/24.


MN SF 716

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.

 

Approved by Governor on 5/21/24.


MN SB 2909

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

 

Signed by Governor on 5/19/23.

MN HF 5237

Allows for the appointment of counsel for Indian children younger than 10 yrs of age in "state court child placement proceedings" if the appointment is "appropriate" and in the child's best interests; clarifies scope of "state court child placement proceedings."

 

Enacted on 5/20/24.


MN SF 667

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.


MS SB 2792

Changes appointment of counsel from discretionary to mandatory for indigent custodial parents or guardians in abuse and TPR matters; establishing RTC for minors in involuntary TPR matters brought under domestic relations title.

 

Approved by Governor on 5/13/24.

MS HB 1149

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.


MT HB 603

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.


MT SB 148

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

 

Chaptered on 5/22/23.

MT HB 317

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.


NC SB 20

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.

NC HB 125

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.

 

Chaptered on 10/2/2023.

ND HB 1113

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.

ND SB 2222

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.

ND SB 2224

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.

ND SB 2225

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.

NE LB 840

Bill would provide that in cities of the metropolitan class, public housing tenants have the right to appointed counsel in administrative termination or court proceedings.

 

Approved by Governor on 4/17/24.

NJ AB 5182/ SB 3929

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: Sub. by SB 3929 on 6/30/23.

 

SB 3929: Became public law on 8/30/23.

 

NM SB 31

Related to investigations of abuse/neglect, provides parents and legal guardians with the RTC prior to signing of voluntary placement agreement.

 

Signed by Governor on 4/4/23.

NV AB 414

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.

 

NV AB 444

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.

 

NV SB 382

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

 

Approved by Governor on 5/31.

 

NV AB 148

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.

 

NY SB 8306/ AB 8806

Began as a bill to provide the right to legal rep. for tenants at or below 80% of AMI in eviction or similar actions likely to result in the loss of housing, or actions brought by eligible tenants to enforce their rights, and in appeals from such matters. Amendments removed these provisions.

 

SB 8306: Chaptered on 4/20/24.

 

AB 8806: Substituted with SB 8306.

 

NY AB 6545

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.

 

OK HB 2259

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.

 

PA SB 506

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.

 

Chaptered on 12/14/23.

 

PA HB 917

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.

 

Approved by Governor on 5/8/24.

 

SC HB 3682

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.

 

Signed by Governor on 5/21/24.

 

SC SB 146

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.

 

SC SB 259

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.

 

SD HB 1174

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.

 

TX SB 1624

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.

 

TX HB 730 / SB 614 (similar)

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.

 

VA HB 772

This bill would amend the code section related to the right to counsel for objecting minors in civil commitment matters to explicitly specify that commitment may be made due to substance abuse.

 

Approved by Governor 4/8/24.

 

VA SB 1033

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.

 

VT SB 100

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.

 

WA HB 1088

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.

 

WA HB 1715

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.

 

WY SF 94

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.

 

  

Active bills

 

State Bill #

Description

Latest Status

US HB 6696/ SB 3463

Would authorize fund of $125 million in order for the AG to make grants to States/localities to provide access to counsel for tenants facing eviction, with preference for jurisdictions working to enact RTC.

 

HB 6696: Intro and referred to various House Committees on 12/11/23.

 

SB 3463: Intro and referred to Committee on Banking, Housing and Urban Affairs on 12/11/23.

 

US HB 16

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.

 

US SB 3065/ SB 3128

In any removal proceeding, appeal from such proceeding or related matter, an unaccompanied child shall be represented by appointed counsel unless they have retained their own counsel.

 

SB 3065: To Judiciary Committee on 10/17/23.

 

SB 3128: To Judiciary Committee on 10/25/23.

 

US SB 4361

In any removal proceeding before an immigration judge and in any appeal proceeding, gov't authorized to provide counsel at its expense to unaccompanied alien children and "certain incompetent aliens."

 

Cloture on the motion to proceed to the measure not invoked in Senate on 5/23/24.

 

US SB 4393/ HB 8502

Providing unaccompanied noncitizen children with the right to counsel in matters related to transferring the child to a restrictive placement and other matters.

 

SB 4393: To Judiciary Committee on 5/22/24.

 

HB 8502: To the Subcommittee on Border Security and Enforcement on 5/22/24.

 

US SB 1148

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.

 

US HB 2708/ SB 1193

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.


US HB 3018

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. Motion to Discharge from Committee filed on 6/26/24.


US HB 6596/ SB 3407

In hearings related to issuance of a long-term ext. risk protection order, which may result in respondent having to surrender firearms, provides that the court may appoint counsel upon request if respondent is "financially unable to obtain representation."

 

HB 6596: Intro and referred to various committees on 12/5/23.


SB 3407: Intro and referred to various committees on 12/5/23.


US SB 1187 / HB 2697

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.


US HB 3194

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.


US HB 666 / SB 342

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.


US SB 685 / HB 2417 / HB 2640 / HB 2 / HB 2640 / HB 4546/ SB 2824/ HB 5525

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 Banking, Hous., and Urban Affairs on 1/11/24.


HB 5525: Hearing 9/29 at 8am; Laid on the table.


US HB 1525

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.


US HB 1643 / SB 883

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.


US HB 5038 ("HELP Act")

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.

AK SB 53

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.


AK SB 250

Making numerous changes to adult and minor guardianship and conservatorship matters.

 

Read and referred to Health & Soc. Servs. and Judiciary Committees on 2/21/24.


AK SB 142

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.


AK HB 363

Adding mandatory appointment of counsel for kids in CINA cases who have been placed in an acute psychiatric hospital and renumbering other provisions of CINA Rule 12 pertaining to mandatory and discretionary appointment for kids.

 

To Finance on 5/1/24.


AK HB 315/ SB 226

Amending the definition of "public agency" to exclude tribal governments and entities that receive funding from gov't; an attempt to overturn the Alaska Sup. Ct's decision in Flores v. Flores, which found that the Alaska Legal Servs. Corp. is a "public agency" such that the DPC of the Alaska Constitution required appointed counsel for an indigent parent in a private custody matter where the opposing parent was represented by a public agency.

 

HB 315: To State Affairs on 2/9/24.


SB 226: To State Affairs on 2/12/24.


AZ SB 1714

Providing RTC to parents and Indian custodians of Indian children in child welfare matters; Providing for permissive appointment of counsel for Indian child if in the child's best interests.

 

To Rules Committee on 2/6/24. To Judiciary on 2/7/24.


CA AB 3209

Provides that individuals who are respondents in retail crime restraining order matters have the right to appointed counsel.

 

Passed by Assembly on 5/22/24 as amend. To Senate Pub Safety Committe on 5/29/24, which reported do pass. Approp. reported do pass as amend. on 6/19. Amend. doesn't impact RTC

CA AB 81

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 4/20/23. Senate Judiciary reported favorably on 7/11/23. Ordered to inactive file on 9/11/23. From inactive to 2d reading on 6/11/24. To Senate RLS Committee on 6/20/24.


DE HB 86

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.

 

Passed by House on 6/6/24. Passed by Senate on 6/30/24.


DE SB 309

In matters related to judicial determinations of capacity for purposes of healthcare decision-making, the court shall appoint an attorney ad litem.

 

Senate passed as amend. on 6/18/24. Amendment doesn't impact RTC. Passed by House on 6/30.


HI SB 411 / HB 779 / HB 829

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.


HI SB 399

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.


HI SB 2323/ HB 2722

In abuse/neglect and truancy matters, prohibiting the court from requiring the minor or the minor's parent or guardian to pay for the costs of the child's guardian ad litem or appointed attorney.

 

SB 2323: Senate passed with amend. on 2/14/24.


HB 2722: Judiciary & Hawaiian Affairs rec. pass with amend. on 2/8/24. To Finance.


HI HB 1291 / SB 1530

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.


HI HB 1440 / SB 1595

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.


IA HF 2209 / HF 2580

Provides that in abuse/neglect and TPR (State) cases, the court shall appoint counsel for children 10 years of age or older and a GAL for children younger than 10.

 

Judiciary Committee s/c rec. passage on 2/12/24. Judiciary hearing on 2/14; reported favorably. Renumbered as HF 2580


IA HF 2560

If a defendant in a criminal matter is represented by a public defender or appointed counsel if indigent, that attorney shall represent the defendant in the forfeiture proceeding.

Passed by House on 3/7/24. to Senate Judiciary on 3/11/24.


ID SB 1349

Amends appointment of counsel or a GAL for minors in guard/conserv. matters and establishes the RTC for certain parents whose children are the subject of such cases; Changes RTC for adults in guard. establishment, termination, and removal proceedings from the right to an atty GAL to the right to client-directed counsel; Adding RTC for adults subject to emergency guard/conserv. petitions; Appointment for adults in conserv. matters is currently discretionary--the bill would make appointment mandatory and provide client-directed counsel instead of an atty ad litem.

Judiciary and Rules hearing on 3/4/24 at 1:30pm.


IL HB 3709

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.


IL SB 3750

Provides the right to full representation to residential tenants with a household income of 80% or less of AMI in eviction and equivalent matters.

 

Referred to Assignments on 2/9/24.


IL HB 1444 / HB 2315

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

 

HB 1444: To Judiciary, Rules and Civil Committees in 03/2023.


HB 2315: To Rules, Judiciary, Civil Committees in Feb & March 2023.

IL SB 1478

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 3/24/23. House Rules Committee hearing on 5/3/23 at 9am. 


IL HB 2175 / HB 2606/ HB 4300 / HB 4698 / HB 5826

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.


HB 4300: To Rules Committee on 1/16/23.


HB 4698: To Rules Committee on 2/6/24.


HB 5826: To Rules Committee on 4/30/24.


IL HB 4302

Similar to HB 2175; 2606; 4300 in that it would reinstitute the parental notification req. for minors seeking an abortion and provide RTC for bypass notification req. matters. But also prohibits abortions unless deemed "necessary" by a physician and prohibits abortions where fetus is "viable."

 

Prefiled on 12/21/23. To Rules Committee on 1/16/24.


LA HB 855

Provides RTC to absentee alleged/adjudicated fathers in surrender of parental rights for adoption matters; changes RTC for children in contested adoptions from client-directed to best interests.

 

Civil Law and Pro. Committee hearing on 4/29/24 at 10am.


MA SB 2758

Provides that criminal defendant represented by public defender shall be represented in any related forfeiture matter; also provides RTC to indigent non-criminal defendant owners.

 

Favorable report from Judiciary; To Ways & Means on 5/2/24.


MA HB 3941

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

 

Joint Housing Committee hearing held on 2/2/24; Reporting date extended to 7/31/24 by agreement.


MA HB 1605

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

 

Joint Judiciary Committee hearing held on 9/7/23. Accompanied a study order on 6/5/24 (see HB 4517).


MA HB 1980

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.

 

Reporting date extended to 5/15/24 pending concurrence. To Joint Mental Health, Sub. Abuse and Recov. on 4/11.


MA HB 1596

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.

 

Joint Judiciary Committee hearing held on 10/31/23. Accompanied a study order on 6/5/24 (see HB 4517).


MA HB 1585

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

 

Joint Judiciary Committee hearing held on 9/12/23. Accompanied a study order on 6/5/24 (see HB 4517).


MA HB 1591

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

 

Joint Judiciary Committee hearing held on 10/31/23. Accompanied a study order on 6/5/24 (see HB 4517).


MA HB 2748

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."

 

Joint Revenue Committee hearing on 10/11 at 11am. Accompanied study order, see HB 4721.


MA HB 1694 / SB 980

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: On 2/5/24, reporting date extended to 4/30/24, pending concurrence. To Joint Judiciary on 4/1, 5/2, & 5/20.


SB 980: Joint Judiciary Committee hearing held on 9/7/23. House concurred w/ ext. reporting date to 4/30/24. To Joint Judiciary on 5/22. Accompanied study order, see SB 2851 on 7/1/24.


MA SB 109 / HB 1485 / HB 201

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: Reporting date extended to 7/26/24. To Joint Children, Fam., and Persons with Disabilities on 5/6, 5/21 & 7/15/24.


HB 1485: To Judiciary Committee on 2/5/24. Reporting date extended to 7/31/24 by agreement.


HB 201: Reporting date extended to 7/26/24 by agreement. To Joint Children, Fam., and Persons with Disabilities on 5/6, 5/21 & 7/1.


MA HB 1390

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.

 

Joint Judiciary Committee hearing held on 11/14/24. Accompanied a study order on 6/5/24 (see HB 4517).


MA HB 1448

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 held on 9/7/23. Accompanied a study order on 6/5/24 (see HB 4517).


MA HB 4600 / HB 4601

Proposes $2.5 million appropriation to the Mass. Legal Assistance Corp. for the implementation of an eviction access to counsel pilot program.

 

HB 4600: Reported favorably by Steering, Policy and Sched. on 4/11/24; further action postponed until 4/24. Consol. amend. B adopted on 4/24. Amend. E adopted.


HB 4601: House passed on 4/26. To Senate Ways & Means on 5/2. Passed to be engrossed on 5/23/24. Conference appointed on 5/30.

MA HB 2

Appropriating $3.5 million for FY 2025 for an access to counsel program to increase representation for low-income tenants and low-income owner occupants in eviction matters.

 

To Committee on House Ways & Means on 1/25/24. Reported, in part, by H4600 on 4/11.


MA HB 4360 / SB 864

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

 

HB 4360: Favorable report by Judiciary; to Ways and Means Committee on 2/12/24.


SB 864: Reporting date extended to 7/31/24 by agreement.



MD SB 671

Provides representation to covered individuals (at or below 50% of AMI) whose properties are subject to foreclosure.

 

Judicial Proceedings Committee hearing on 2/20/24 at 1pm.


ME LD 2283

Granting indigent respondent to a petition for a crisis intervention order (for which respondent's 2nd amendment rights can be suspended) with the right to counsel.

 

Passed by Senate on 3/28/24. Hearing 4/9 at 2pm. Joint Committee divided report on 4/9. Reported out on 4/16. Carried over to any special session.


MI HB 5237

Directing each district court to create a program to provide full legal rep. to income-eligible tenants in eviction matters and brief services to other tenants, as well as brief services for landlords of owner-occupied buildings.

 

Hearing 4/25/24 at 10:30am before House Econ. Develop. & Small Business Committee.


MI HB 4911

Amends procedures related to petitions for emergency guardianship to provide a right to a guardian ad litem for the adult.

 

Passed by House on 10/24/23.  Senate Civ. Rights, Judiciary, & Pub. Safety Committee hearing held on 6/13/24 and scheduled for 6/20 at 1:30pm.


MI SB 189

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.


MN SF 1629/ SF 1298/ HF 917/ HF 125/ SF 98

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 fav. by Hous. & Homelessness Prevent. & Judiciary and Pub. Safety on 3/27. But indefinitely postponed on 4/24/23.


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.


MN SF 70

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.


MN SF 4480

Allows for the appointment of counsel for Indian children younger than 10 yrs of age in "state court child placement proceedings" if the appointment is "appropriate" and in the child's best interests; clarifies scope of "state court child placement proceedings."

 

Health & Hum. Servs. hearing held on 3/7/24; reported pass as amend. and re-referred to Judiciary and Public Safety on 3/11.


MN SF 4625/ HF 4673

If a defendant is represented by the public defender in a criminal matter, the public defender shall represent the defendant in any related forfeiture proceeding.

 

SF 4625: Judiciary & Public Safety hearing on 3/20/24 at 12:30pm.


HF 4673: To Public Safety Finance & Policy on 4/2/24.


MN HF 3567/ SF 3504

Enacting "Uniform Parentage Act" and providing that the court shall appoint "an attorney, guardian ad litem, or similar person" for a child in a parentage matter "if the court finds that the interests of the child are not adequately represented."

 

HF 3567: Passed by House on 4/29. To Senate Judiciary & Pub. Safety on 4/30.


SF 3504: Judiciary and Public Safety hearing on 3/22 at 9am.


MO HB 2758

Would repeal requirement that pregnant minors obtain consent of at least one parent before obtaining an abortion, thereby negating the need for judicial bypass of parental consent hearings for which minors currently have the RTC.

 

Intro and read first time on 2/22/24. To House General Laws Committee on 5/17/24.


MO SB 1040

For abuse/neglect, changes appointment of counsel for parents from discretionary to mandatory. Replaces child's right to attorney GAL with the "right to legal representation" in abuse/neglect and TPR matters. Changes appointment of counsel for kids in truancy matters from discretionary to mandatory.

 

To Health and Welfare Committee on 1/25/24. Hearing was scheduled before Committee but cancelled as of 3/27/24.


MO SB 1236

Same as SB 1040 above, except that it also adds the RTC for certain children in parentage matters.

 

To Health and Welfare Committee on 1/25/24.


MO SB 801

Replacing child's right to a guardian ad litem with the right to appointed counsel in abuse/neglect matters.

 

Health and Welfare Committee hearing held on 1/17/24; Voted do pass on 2/28/24. Reported w/ CS on 3/4.CS didn't impact RTC


MO HB 2033/ HB 2410

Would remove RTC for kids in truancy, but change appointment from atty GAL to client-directed atty for kids in abuse, adoption, and TPR cases. Would also add RTC for minor and "mentally ill or otherwise incompetent" parents in abuse and adoption cases; appointment for parents in abuse cases is currently discretionary and in adoption cases is discretionary for minor parents only.

HB 2033: Prefiled for 2024 on 12/19/23. Read 2nd time on 1/4/24. To General Laws Committee on 5/17.


HB 2410: Read 2nd time on 1/17/24. To House General Laws Committee on 5/17.


NH SB 463

Currently, discretionary appointment of atty for kids in abuse matters is limited to situations where there's a conflict btwn child's wishes and GAL's rec.; would remove conflict requirement. Also, would require appointment of client-directed atty for children placed in certain institutions.

 

Senate passed as amended on 4/11/24; House passed with amend. on 5/23/24; Senate concurred. Amendments don't impact RTC.

NH HB 535

Requires appointment of counsel for children in abuse/neglect cases who are placed in a group home or institution; permits appointment for all other children. 

 

House: Ought to pass with amendments on 1/3/24. Senate Judiciary referred to Interim Study on 5/2/24.

NH HB 379

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.

NJ SB 2318

Changing appointment of counsel for adults subject to conservatorships from discretionary (when "necessary") to mandatory.

Intro and referred to Health, Hum. Servs., and Senior Citizens Committee on 1/25/24.

NJ SB 2317

A protected or proposed protected adult shall be represented throughout guardianship proceedings; requiring counsel to interview individual no more than 72 hrs before each hearing.

Intro and referred to Health, Hum. Servs., and Senior Citizens Committee on 1/25/24.

NJ AB 1751 / SB 2414

Permitting the court to appoint counsel for a servicemember in an action or proceeding in which they are a party.

AB 1751: To Assembly Military and Vets' Affairs Committee on 1/9/24.


SB 2414: To Senate Military and Veterans' Affairs Committee on 1/29/24.

NJ SB 1728

Providing a right to appointed counsel for residential tenants in eviction matters based on post-tax AMI or their ability to pay.

To Judiciary Committee on 1/9/24.

NJ AJR 36

Would create legislative task force to study impact of lack of access to counsel on both petitioners and respondents in domestic abuse cases.

To Judiciary Committee on 1/9/24.

NJ AB 1079

Creates Statewide [RTC] program in certain eviction proceedings, and appropriates $20 million.

To Housing Committee on 1/9/24.

NY SB 5284

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.

 

To Mental Health Committee on 3/1/23 and 1/3/24.

 

NY AB 3483 / AB 7630 / SB 7132

Provides a RTC to incarcerated birth parents and their children if the child is removed from the parent's care due to concerns about the child's welfare.

 

AB 3483: Amend and recommit to Correction Committee on 5/20/24. Hearing before Correction on 5/30. To Assembly Ways & Means on 5/30.

 

AB 7630: To Codes on 5/30/24.

 

SB 7132: Passed Senate as amend. on 6/6/24 at to Assembly Codes.

 

NY AB 4323

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

 

To Alcoholism and Drug Abuse Committee on 2/14/23 and 1/3/24.

 

NY SB 3170/ AB 3346

Provides a child with RTC in permanent TPR, adoption, guard. and custody matters where "credible allegations of serious risk to the child's safety have been made" and provides that appeals of temp. and permanent custody or visitation orders may be taken as of a right; if an atty was appointed to rep. a party in a proceeding under the para., the appointment extends automatically to appeal.

 

SB 3170: To Judiciary, which amended and re-committed. To Codes Committee on 5/23/23. To Judiciary on 5/7/24.

 

AB 3346: To Judiciary Committee, which amended and re-committed on 3/28/23. To Judiciary on 5/7/24.

 

NY SB 3254/ AB 4993

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: To Hous, Construct. and Cmty. Develop. Committee on 1/30/23 and 1/3/24.

 

AB 4993: To Judiciary Committee on 1/3/24.

 

NY SB 257

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

 

Referred to Finance Committee on 1/4/23.

 

NY AB 3271 / SB 4419

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 1/3/24.

 

SB 4419: To Children & Fam. Committee on 2/8/23 and 1/3/24.

 

NY AB 170

Creates RTC for individuals facing removal proceedings.

 

To Assembly Codes Committee on 1/3/24.

 

NY AB 6463

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 and 1/3/24.

 

NY SB 478

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

 

Reported out of Judiciary Committee and to Finance on 1/30/24. To Finance on 4/3/24.

 

NY AB 291/ SB 4689

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: To Judiciary Committee on 1/3/24.

 

SB 4689: To Judiciary Committee on 5/16/23 and 1/3/24.

 

NY AB 663

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.

 

To Judiciary Committee on 1/3/24.

 

NY SB 999

Provides RTC for covered individuals in immigration proceedings.

 

To Finance Committee on 4/20/23 and 1/3/24.

 

NY AB 368/ SB 3033

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

 

AB 368: To Judiciary Committee on 1/3/24.

 

SB 3033: To Finance Committee on 1/26/23 and 1/3/24.

 

NY AB 1493

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.

 

To Judiciary Committee on 1/3/24.

 

NY AB 2526

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

 

To Ways and Means Committee on 1/3/24.

 

NY SB 9696

Provides RTC to indigent parents/alleged parents filing petitions to estab. parentage and to compel support under Fam. Ct. Act; provides RTC to certain indigent persons in enforcement of court ordered support obligations cases.

 

To Children & Families on 5/21/24.

 

NY SB 9695

Provides RTC to indigent adults subject to child protective services investigations prior to the initiation of any court proceeding.

 

Passed Senate and sent to Assembly Children & Families on 6/4/24.

 

NY SB 2721

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 and 1/3/24.

 

NY AB 3823

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.

 

To Housing Committee on 1/3/24.

 

NY SB 2911 / AB 3398

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: To Women's Issues Committee on 1/3/24.

 

AB 3398: To Health Committee on 1/3/24.

 

NY AB 4236 / SB 5919

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

 

AB 4236: To Judiciary Committee on 2/13/23 and 1/3/24.

 

SB 5919: To Codes Committee on 3/22/23 and 1/3/24.

 

NY AB 9321/ SB 8724

If youth doesn't have independent legal rep, the court shall appoint counsel for a youth formerly in foster care who is seeking to enforce an order made on their behalf before their 21st birthday and while they were still in foster care.

 

AB 9321: Substituted by SB 8724b on 6/7/24.

 

SB 8724: Passed Senate as amend. on 6/6/24. RTC retained. Assembly substituted for a9321b and passed on 6/7. Returned to Senate.

 

OH HB 59 / SB 245

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.

 

HB 59: To Civil Justice Committee on 2/21/23.

 

SB 245: Select Committee on Housing hearing held on 5/8, 5/22, and 6/25/24.

 

OH HB 5

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

 

Passed by House on 6/27. Senate Judiciary hearing 12/5 at 9:30am.

 

OK HB 2726

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.

 

OK SB 1805

Requiring the appointment of an attorney ad litem for children in divorce matters where custody or visitation is contested and mediation has been unsuccessful.

 

To Senate Judiciary on 2/6/24.

 

PA HB 2443

Would provide grants to legal services orgs to serve eligible individuals (at or below 200% of FPL) in eviction matters, related proceedings, and housing discrimination cases.

 

To Housing and Community Develop. on 6/24/24.

 

PA SB 962

Providing right to counsel to persons subject to petitions for invol. treatment due to substance use, unless "it appears that the person can afford, and desires to have, private representation."

 

To Health & Hum. Servs. Committee on 10/18/23.

 

PA HB 1537

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.

 

PA HB 1725

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.

 

PA HB 1018

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.

 

PA SB 626

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

 

To Judiciary Committee on 4/28/23.

 

PA HB 190

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.

 

PA HB 428/ HB 2304

Repeals the requirement that minors obtain parental consent for an abortion as well as the process for bypass of consent, for which minors currently have RTC; provides for judicial review of a guardian's decision on behalf of a protected person as to an abortion for which the protected person has the RTC

 

HB 428: Referred to Judiciary Committee on 3/15/23.

 

HB 2304:To Judiciary Committee on 5/20/24.

 

PA HB 350 / HB 1961

Provides discretionary appointment of atty or GAL for child in parentage matter. HB 1961 would also allow appointment of "similar person"

 

HB 350: Passed by House on 6/24/24. To Senate Judiciary on 6/30.

 

HB 1961: To Judiciary Committee on 1/31/24.

 

RI SB 2417

Provides RTC to tenants in eviction matters who cannot afford counsel and who have children living in the property.

 

Judiciary Committee hearing on 5/2/24.

 

RI HB 7957

Providing a RTC to individuals at risk of losing their housing or who seek to enforce their right to safe and healthy conditions; creating a Division of Civil Rep. within the Dep't of Housing to administer the program.

 

Judiciary Committee hearing on 3/27/24.

 

RI SB 2923

Creating a "civil right to full legal representation for eligible individuals in an eviction action".

 

Senate Judiciary hearing on 5/2/24.

 

RI HB 7697/ SB 2680

Indigent Indian families, Indian parents, and Indian custodians are entitled to counsel "in any Indian child custody proceeding or emergency proceeding." The court may appoint counsel for an Indian child if it is in their best interests.

 

HB 7697: Judiciary Committee hearing on 4/4/24.

 

SB 2680: To Judiciary Committee on 3/1/24.

 

VA HB 765

Creates cause of action for the private termination of parental rights due to a conception resulting from sexual assault, for which court may appoint guardian ad litem for the child.

 

Carryover to 2025.

 

VA HB 835

Mandates that appointed counsel for parents and children in abuse cases and for children in truancy cases extends through appeal.

 

Carryover to 2025.

 

WV HB 4683

Providing appointed counsel to a parent, guardian, or custodian ordered to participate in services as part of a status offense matter against a juvenile (which would include truancy).

 

Passed in House on 1/24/24. To Senate Judiciary on 1/26/23.

 

WV HB 5026

Provides appointed counsel for prospective adoptive parents or legal guardians in cases stemming from abuse and neglect matters.

 

To Judiciary Committee on 1/23/24.

 

 

Dead bills

 

State Bill #

Description

Status

AR HB 1754

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.


AZ SB 1643

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.


CA AB 1019

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.

 

Died on 1/31/24.


CO SB 136

Provides RTC to minors subject to guardianship petitions if certain factors are met; would require counsel for parents of children subject to conservatorship petitions if certain factors are met; other changes to guardianship code.

 

Passed Senate with floor amend. on 5/2/24. House Committee on Finance Postpone Indefinitely on 5/4/24.


CO HB 1023

Providing for discretionary appointment of counsel for indigent persons whose property is subject to forfeiture.

 

Judiciary Committee postponed indefinitely on 2/6/24.


CT SB 1008

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.


CT HB 6261

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.


CT HB 6108 / SB 941

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.


CT SB 81

An act for continued funding of the eviction RTC program.

 

Died in Approp. Committee on 1/12.


CT HB 6889

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.


FL SB 1626 / SB 1784

Providing that upon arriving at a receiving facility for purposes of an invol. mental health evaluation, the minor and their parent or guardian must be notified of the minor's RTC and shall immediately have the opportunity to consult with and be represented by a public defender or the minor's attorney.

 

SB 1626: Died in Children, Families and Elder Affairs on 3/8/24.


SB 1784: Died in Senate on 3/8/24.


FL HB 663 / SB 1402

In a proceeding to establish paternity under the section, where the child is of sufficient age and maturity to participate in matter, court must appoint attorney ad litem in lieu of GAL, unless good cause is shown that it is unnecessary to protect child's best interests.

 

HB 663: Died in Children, Fam. & Srs s/c on 3/8/24.


SB 1402: Died in Judiciary Committee on 3/8/24.

FL HB 1619 / HB 365 / SB 1034

Providing RTC to indigent respondents in extreme risk protection order matters.

 

HB 1619: Died in Criminal Justice s/c on 3/8/24.


HB 365: Died on Second Reading Cal. on 3/8/24.


SB 1034: Died in Crim. Justice, Judiciary and Rules on 3/8/24.

FL HB 875 / SB 1384

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.


FL SB 488

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.


IN SB 40

Creating a caregiver counsel pilot program in certain counties to appoint counsel for unlicensed indigent caregivers in CHINS (abuse/neglect) matters.

 

Died in Senate Appropriations Committee on 1/11/24.


IN HB 1195

Establishes the access to counsel in eviction task force to review matters related to the eviction process and potential funding sources to increase a tenant's access to counsel in an eviction proceeding.

 

Died in House Gov't and Regulatory Reform Committee on 1/9/24.


IN SB 230

Similar to HB 1056 but far less extensive. Appointment of counsel for children in abuse and neglect matters is currently discretionary. The bill would make appointment mandatory for children who are the alleged victim of human or sexual trafficking.

 

Died in Senate Judiciary Committee on 1/10/24.


IN HB 1056

Providing children between the ages of 14 and 23 with RTC in abuse and extended foster care matters if the child meets certain requirements incl. residential care placement, wishes differing from their best interest, or if they are alleged victim or human trafficking, or the parent of a child who is also the subject of a CHINS matter.

 

Died in House Judiciary Committee on 1/16/24.


IN HB 1150

Providing that the court shall appoint counsel before or at the initial hearing for children in CHINS matters who are victims of human or sexual trafficking.

 

Died in House Judiciary Committee on 1/16/24.


IN SB 26

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.


IN HB 1001

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 SB 485

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.


IN SB 484

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 HB 1479

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.


KS HB 2017

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.

 

Died in Senate Judiciary on 4/30/24.


KS HB 2772

Provides RTC to indigent parents and Indian custodians in child welfare matters involving Indian children; also provides that the court may appoint counsel or a GAL for an Indian child if it finds the appointment would be in the child's best interests.

 

Died in House Committee on 4/30/24.


KS HB 2381

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.

 

Died in House Committee on 4/30/24.


KS HB 2380

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

 

Died in House Committee on 4/30/24.


KY HB 331

Providing for a right to counsel for indigent respondents in extreme risk protection order matters.

 

Died in House Committee.


KY HB 238

Extending the right to counsel for adults subject to guardianships or conservatorships through appeal.

 

Died in House Committee.


KY SB 53

Establishing RTC upon request for protected persons asking for term., mod., removal or replacement of a full or partial guard. or conserv. Also specifying that appointed atty for a proposed protected person serves in a client-directed and not GAL capacity.

 

Died in Senate Committee.


KY HB 84

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.


KY HB 85

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.


LA SB 91

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

 

Died in Senate on 5/15.


MA HB 1615

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

 

Replaced by SB 2758


MA SB 294

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. Legislation replaced by SB 2663, which doesn't contain the same language.


MD SB 643

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

 

Passed Senate on 3/17; Died in House.


MD HB 225 / SB 904

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.


MN SF 3989 / HF 4106

Bill would have created a new basis for emergency guardianship petitions and extended the respondent's right to counsel to such matters. An amendment removed these provisions, however.

 

SF 3989: Hum. Servs. Committee hearings held. Report pass as amend. and re-refer to Hum. Servs. on 3/11/24.


HF 4106: Hum. Servs. Policy Committee hearing held on 3/13. Health Finance & Policy hearing on 3/19 at 10:30am.


MO SB 123

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

 

Died in Senate.


MO HB 1170 / SB 675/ SB 668

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.


MO SB 375

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.


MS SB 2260 / HB 1457

Provides that the State Defender may represent indigent persons in matters where the person has a constitutional right to appointed counsel.

 

SB 2260: Died in Senate on 3/18/24.


HB 1457: Died in Judiciary Committee on 3/5/24.

MS SB 2271

Changes appointment of counsel from discretionary to mandatory for custodial parents or guardians in abuse and TPR matters.

 

Died in Judiciary Committee on 3/5/24.

MS HB 1559

Changes appointment of counsel from discretionary to mandatory for indigent custodial parents or guardians in abuse and TPR matters as well as other changes, including narrowing the definition of "neglect" to exclude the failure to provide where related to financial inability.

 

Died in Judiciary Committee on 3/5/24.

MS HB 840

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.


MS SB 2377

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.


MS SB 2640

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. 


MT HB 37

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.

MT SB 180

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.

MT SB 318

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.


MT SB 446

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.


MT SB 469

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.


NE LB 187

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

 

Indefinitely postponed on 4/18/24.

NE LB 1046

Providing the RTC for housing agency tenants in cities of the metropolitan class in eviction matters and in any admin. matters related to termination of tenancy. This is true unless the resident is already represented.

 

Indefinitely postponed on 4/18/24.

NE LB 338

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.

 

Indefinitely postponed on 4/18/24.

NE LB 916

Providing that a defendant represented by appointed counsel in a crim. matter has the RTC in any related forfeiture case; also, if the subject property is not summarily returned to an innocent owner or to a secured interest holder, these individuals may file a motion to intervene for which the court may appoint counsel if they are indigent.

 

Indefinitely postponed on 4/18/24.

NE LB 1168

Providing the right to counsel to unrepresented individuals in matters related to determinations about their capacity to make health care decisions.

 

Indefinitely postponed on 4/18/24.

NH HB 593

Original bill would've provided that if a defendant is represented by PD or appointed counsel in a crim. matter, the D shall be represented "in the forfeiture proceeding and any other related criminal proceeding." Bill now calls only for a study committee of forfeiture generally.

RTC provision removed via amend.

NJ AB 3041

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.

Died in Assembly Health Committee.

NJ AB 1552 / SB 2177

Guarantees a right to counsel for tenants facing eviction.

 

AB 1552: Died in Assembly Judiciary.

 

SB 2177: Died in Senate Judiciary.

 

 

NJ AB 2708

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

 

Died in Women and Children Committee.

 

NJ AB 4303

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

 

Died in Assembly.

 

NJ AB 753 / SB 167

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.

 

Died in Military and Veterans' Affairs Committees.

 

NJ AJR 15 / SJR 67

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

 

AJR 15: Died in Judiciary Committee.

SJR 67: Died in Judiciary Committee.

 

 

NJ SB 1483

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

 

Died in Health, Human Servs and Senior Citizens Committee.

 

NJ SB 1301

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

 

Died in Health, Human Servs and Senior Citizens Committee.

 

NJ AB 5695

Creates Statewide [RTC] program in certain eviction proceedings, and appropriates $20 million.

 

Died in Assembly Hous. Committee on 11/20/23.

 

NM HB 235

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.

 

NV SB 227

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.

 

NV AB 446

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.

 

NV AB 381

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.

 

OR HB 2429

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.

 

OR SB 528

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.

 

OR SB 740

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.

 

RI HB 6072

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.

 

RI HB 6129

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

 

Died in House Judiciary on 4/25.

 

RI SB 911

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.

 

SC HB 3882

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.

 

Died in Judiciary Committee 

 

SC SB 887

Providing tenants with right to court-appointed counsel in eviction matters where "the tenant is financially unable to retain adequate legal counsel."

 

Died in Judiciary Committee 

 

SC HB 3844

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

 

Died in Judiciary Committee

 

SC HB 3140

Creates RTC for tenants facing eviction in certain covered proceedings.

 

Died in Judiciary Committee 

 

SD SB 210

Repealing requirement that pregnant minors notify their parent to obtain an abortion, as well as the process for judicial bypass of that requirement for which minors currently have a RTC.

 

Died in Senate Health and Hum. Services.

 

TN HB 7112

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.

 

Died in Civil Justice Subcommittee

 

TN HB 1285 / SB 1462

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: Died in Criminal Justice Subcommittee

 

SB 1462: Died in General s/c of Senate Judiciary Committee

 

TN SB 179/ HB 508

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."

 

SB 179: Died in Health and Welfare Committee

 

HB 508: Died in Health Subcommittee

 

TN HB 279 / SB 904

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: Failed in Criminal Justice s/c of Criminal Justice Committee

 

SB 904: Died in Judiciary Committee

 

TN HB 1177/ SB 710

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.

 

HB 1177: Died in Children & Family Affairs s/c of Civil Justice Committee

 

SB 710: Died in General s/c of Senate Judiciary Committee

 

TX SB 19

Currently, in private TPR matter, court must appoint either a best interests or client-directed atty for child. Would amend such that court must appoint client-directed atty. Also impacts code relevant to parents, and children/parents in custody matters.

 

Died in chambers.

 

TX HB 1544/ SB 2277 / SB 24 / SB 13 / SB 43

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 both chambers. Vetoed by Gov. on 6/18.


SB 24: Died in chambers.


SB 13: Died in chambers.


SB 43: Died in chambers.

 

TX SB 1816

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.

 

TX HB 3504

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.

 

TX HB 3079

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.

 

TX SB 2549

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.

 

TX HB 1499

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.

 

TX HB 2794 / SB 2109

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.

 

TX HB 653

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.

 

UT SB 116

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.

 

VA SB 1284

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.

 

VA SB 1067

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.

 

VA HB 1923

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.

 

VA HB 2280

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.

 

VT HB 302

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

 

Died in Judiciary Committee on 2/21/23.

 

WA SB 5624

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.

 

Died in Senate Committee on Law & Justice on 1/8/24.

 

WA SB 5230

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.

 

Died in Senate on 1/8/24.

 

WA HB 1295

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.

 

Died in House on 1/8/24.

 

WA HB 1808

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.

 

Died in House on 1/8/24.

 

WI SB 907

Non-substantive changes in parentage matters: Makes language used gender neutral, for example, by changing the word "paternity" to "parentage."

 

Died in Senate Mental Health, Sub. Abuse Prevent, Children and Families Committee on 3/5/24.

 

WI SB 658 / AB 698

In an eviction action for any reason, the state PD shall appoint counsel for the tenant without a determination of indigency unless the RTC is knowingly and voluntarily waived.

 

SB 658: Died in Housing, Rural Issues and Forestry Committee on 11/9/23.

 

AB 698: Died in Committee on Housing and Real Estate on 11/27/23.

 

WI SB 734/ AB 777

Repealing the requirement that a minor obtain parental consent for an abortion, thus negating the need for the right to counsel for the bypass of consent proceeding.

 

SB 734: Died in Committee on Licensing, Constitution and Federalism on 11/21/23.

 

AB 777: Died in Committee on Health, Aging and Long-Term Care on 12/8/23.