2023/2024 FEDERAl/STATE CIVIL RIGHT TO COUNSEL BILLS

Description

Latest Status

Began as bill that would have replaced child's right to atty ad litem w/ right to client-directed counsel, but now only requires court to consider child's preferences if they are able to reason, regardless of their chronological age.

Enacted on 3/2/23.

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.

Creates father's adoption registry; Creates RTC for registered, indigent alleged fathers who timely file an intent to claim paternal rights.

Signed by Governor on 3/16/23.

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

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.

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.

SB 50: Referred to Judiciary Committee on 3/7/23.

HB 101: Referred to Children and Senior Advocacy Committee on 3/7/23.

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 RTC for Indian child if court finds appoint is in child's best interest.

Assigned to Senate Rules Committee on 2/2/23.

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.

Passed Senate with amendments on 3/13/23. House Judiciary Committee hearing 3/22 at 1:30pm.

Requiring the Dep't of Education to create and maintain a list of attorneys qualified to represent a parent in a DP complaint; "[t]he Dep't shall appoint an attorney from the list to represent the parent in a due process complaint that an administrative unit or a state-operated program files...concerning issues disputed in a state complaint in which the parent prevailed."

Passed in House without amendment on 3/13/23.

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.

Appropriations Committee hearing held 3/17/2; referred amended to Committee of the Whole.

Provides RTC for claimant-criminal defendants in forfeiture proceedings if the public defender or other appointed counsel represents the defendant in the related criminal matter.

Hearing scheduled for 3/7/23 at 1:30pm and referred to Appropriations on 3/7/23.

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.

Referred to Joint Committee on Children on 2/9/23; Public hearing held on 2/16/23.

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

Referred to Joint Committee on Judiciary on 1/19/23.

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 referred to Joint Committee on Housing on 1/18/23.

SB 941 referred to Joint Committee on Housing on 2/2/23.

An act for continued funding of the eviction RTC program.

Referred to Joint Committee on Appropriations on 1/12/23.

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

Public hearing scheduled for 3/16/23.

Provides RTC for tenants facing eviction whose household income is at or below 200% of the Federal Poverty Guidelines.

Reportedly favorably by Land Use Committee; and favorably by Finance Committee on 3/15/23.

Providing RTC at revocation of parole hearing.

Introduced and Assigned to Corrections & Public Safety Committee on 3/1/23.

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

HB 875: Reported out of Children, Families & Srs s/c favorably on 3/17/23.

SB 1384: To Children, Families, and Elder Affairs on 3/9/23.

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).

Referred to Judiciary, Fiscal Policy, Crim. and Civil Justice  Appropriations Committees on 2/9/23. Introduced on 3/7/23.

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.

Passed in House 3/1/23. Passed on Senate on 3/16/23.

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.

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.

SR 70: To Judiciary Committee on 3/15/23.

SCR 78: To Judiciary Committee on 3/15/23.

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.

Committee amendment no. 1 filed on 2/16/23.  Judiciary Committee hearing on 3/21 at 2:30pm.

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 2/7/23.

HB 2606: referred to Rules Committee on 2/15/23.

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.

Placed on calendar for 3rd reading on 3/21/23.

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.

Referred to Committee on Family and Children Services on 1/19/23.

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.

Referred to Committee on Family and Children Services on 1/19/23.

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."

Referred to Committee on Education on 1/17/23.

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.

Judiciary Committee amend do pass adopted and reassigned to Appropriations Committee on 1/19/23.

Adds new section to Probate Act related to RTC for respondents in proceedings related to petitions requesting disclosure of respondent's confidential medical records, for purposes of protective order.

Passed Senate on 1/31/23; House Judiciary Committee favorably reported on 3/16.

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 rec'd on 2/1/23 and referred to Judiciary Committee on 2/2/23.

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.

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.

Hearing scheduled for 2/16/23 at 3:30pm.

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.

Referred to Committee on Committees on 1/4/23.

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.

Referred to Committee on Committees on 2/7/23 and Families & Children Committee on 2/9/23.

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

SB 864: Referred to the Joint Housing Committee on 2/16/23.

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

HB 225: Hearing 2/1/23 at 2:30 pm.

SB 904: Judicial Proceedings Hearing on 3/21 at 1pm.

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

Scheduled for hearing on 3/8/23 at 1:00pm.

Making permanent 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.

SB 756: Passed Senate on 3/17/23.

HB 1050 scheduled for Housing Appropriations Hearing on 3/7/23 at 1:00pm.

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.

SF 667: Passed Senate on 2/27/23; Passed House on 3/9/23.

HF 1071: To Judiciary Finance and Civil L. Committee on 3/13/23.

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 RTC for public housing tenants subject to an eviction alleging breach of lease.

SF 98: Scheduled for hearing on 3/3/23 at 12:30pm.

HF 125: referred to Housing Finance & Policy Committee on 1/9/23. Committee report, to adopt and re-refer to Judiciary Finance and Civil Law on 1/30/23.

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

Referred to Judiciary and Public Safety ON 2/13/23.

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.

Provides children with RTC in abuse/neglect and TPR cases at all stages, incl. appeals, where child currently entitled only to a GAL. Removes request requirement for RTC in delinquency cases. In parentage actions, makes RTC mandatory where child abuse or neglect is alleged, if the child is named as a defendant, or if the court determines the child's interests conflict with those of "his or her next friend."

HB 1170: Judiciary Committee hearing on 3/20/23 at 4:30pm.

SB 675: First reading on 2/27/23.

Similar to HB1170/SB675 in that it provides children with RTC in abuse/neglect and TPR cases at first hearing through all stages incl. appeal, where child currently entitled only to a GAL. Unlike those bills, has indigency requirement; removes request requirement for RTC in delinquency cases. Changes RTC for indigent parents in abuse/neglect cases from discretionary to mandatory.

First reading on 2/27/23.

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.

Referred to Health and Welfare Committee on 2/23/23. Hearing scheduled for 3/8/23 but was cancelled.

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

Referred to Judiciary and Civil and Criminal Jurisprudence Committee on 1/26/23.

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.

Passed in House; Passed in Senate as amended. Returned to House for concurrence but House declined to Concur on 3/14.

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 on 3/2/23; Referred to House Judiciary on 3/15/23.

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.

Passed in House on 3/2/23; Referred to Senate Judiciary Committee on 3/14.

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 RTC for Indian children pursuant to 41-3-425.

Judiciary Committee Hearing 3/21 at 8:00 am.

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 on 2/24/23. Referred to House Judiciary Committee on 3/15/23.

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

Passed House on 2/14/23; 1st reading in Senate on 2/15/23.

Makes changes identical to HB 37 (above) regarding the RTC, but MT HB 37 goes much farther, making broader changes, e.g., excluding from the definition of "child abuse or neglect" substance use by a parent or guardian, disorderly living conditions, other factors closely related to economic status, or a child's obesity".

Passed House on 2/14/23; To House Judiciary Committee on 3/16/23.

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.

Passed Senate on 2/28/23. House Judiciary Committee hearing 3/22 at 1:30pm.

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.

SB 20: referred to Com On Rules, Calendar, and Operations on 2/14/23.

HB 125: Passed in House on 3/7/23. Referred to Senate Rules & Operations Committee on 3/8/23.

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.

Passed in House on 1/17/23. Hearing in Senate Committee on 3/15/23 at 8:30am.

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.

Passed Senate on 1/26/23. Hearing in Judiciary Committee on 3/15/23 at 9:00am.

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".

Passed Senate on 1/26/23; Hearing in Judiciary Committee on 3/15/23 at 9:30am.

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.

Passed in Senate on 1/26/23; Hearing in Judiciary Committee on 3/15/23 at 10:00am.

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 RTC 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."

Hearing held on 2/21/23. Retained in Committee on 2/24/23.

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.

Hearing 3/3/23 at 9:30am.

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 2/24/23.

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.

Referred to Human Services Committee on 6/20/22.

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.

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.

Hearing scheduled for 2/13/23 at 8:30am.

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 RTC to these matters; incapacitated respondents have right to GAL, but unclear whether GAL must be an atty.

Referred to Judiciary Committee on 2/14/23.

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.

Referred to Judiciary Committee on 3/8/23.

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: referred to Social Services Committee on 2/2/23.

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

Creates RTC for individuals facing removal proceedings.

Referred to Committee on Codes on 1/4/23.

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

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.

Referred to Finance Committee on 1/9/23.

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.

Requiring parental notice of minor's abortion; providing procedure for judicial bypass of parental notification and the RTC for minor upon request in such proceeding; also creating RTC for pregnant minor who is being coerced to undergo an abortion and applies to the court for relief.

SB 2911: referred to Women's Issues Committee on 1/25/23.

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

Creating RTC, including the right to assigned counsel, if the individual cannot afford counsel in any proceeding that may impact the individual's rights under the second amendment.

Referred to Judiciary Committee on 2/13/23.

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.

Hearing held on 2/28/23 at 1:00 pm.

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.

Passed House as amended on 3/14/23.

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.

Narrows discretionary RTC 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.

Referred to 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.

Public hearing held on 1/26/23.

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.

Introduced and referred to Education Committee on 1/17/23.

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.

Referred to Judiciary Committee on 3/7/23.

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.

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.

Introduced and referred to Judiciary Committee on 3/3/23.

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

Introduced and referred to Judiciary Committee on 3/6/23.

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 1/31/23.

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."

Passed Senate on 2/28/23. Referred to House Labor, Commerce and Industry Committee on 3/2/23.

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."

HB 3233: Referred to Committee on Judiciary on 1/10/23.

SB 146: Hearing 3/16/23 at 9:00am.

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.

Referred to Committee on Judiciary on 2/7/23.

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.

Passed in House on 2/6/23. Passed in Senate as amended. House concurred with amendments. Referred to Gov. on 3/8/23.

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 3/15/23.

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 3/21 at 12pm.

SB 904: on Judiciary Committee calendar for 3/21/23.

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 2/8/23.

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 on 3/21 at 12pm.

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.

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

HB 1285: Crim. Justice s/c hearing on 3/21 at 12pm.

SB 1462: To Judiciary Committee on 3/15.

The law currently requires the court to appoint an attorney ad litem to represent a proposed ward, but it is unclear whether this is a best interests or client-directed attorney. The bill would specify that the attorney ad litem also represents the proposed ward's expressed wishes.

Filed on 3/6/23.

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: To Juvenile Justice & Fam. Issues Committee on 3/13/23.

SB 2109: Filed on 3/9/23.

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

SB 614: Scheduled for hearing on 3/15 in Health & Hum. Servs. but left pending in Committee.

HB 730: Referred to Juvenile Justice & Family Issues on 2/28/23.

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. 

Referred to Judiciary & Civil Jurisprudence Committee on 2/23/23.

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).

Referred to Urban Affairs on 3/14/23.

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. 

Referred to Juvenile Justice & Family Issues Committee on 3/3/23.

Currently, court must appoint an "amicus attorney" for child in private TPR case "unless [it] finds that the interests of the child will be represented adequately by a party to the suit whose interests are not in conflict with the child's interests..." The bill would provide different factors for the court to consider in determining whether to appoint amicus attorney, including the parties' ability to pay, balancing the child's interest against the cost to the parties, and allow appointment only where "necessary to ensure the determination of the child's best interests," unless otherwise required by code.

Referred to Juvenile Justice & Family Issues on 3/3/23.

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.

Filed on 3/7/23.

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.

Referred to House Committee for Courts of Justice. Courts subcommittee recommends passing by indefinitely on 2/17/23

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."

Passed by both houses as of 3/8/23. Governor's deadline of 3/27.

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.

Committee for Courts of Justice subcommittee recommends laying on the table on 1/23/23; Left in Courts of Justice on 2/7/23.

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.

Assigned to subcommittee of the Committee on Health, Welfare and Institutions on 1/19/23. Left in Health, Welfare and Institutions on 2/7/23.

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.

Passed by indefinitely in Education and Health on 1/26/23.

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.

The court may appoint counsel for parent, guardian, or custodian in any parenting plan or child custody proceeding where the person is impacted by substance use disorders, mental health disorders, or behavioral health concerns that impact their ability to represent themselves or where there is risk of their parenting rights being restricted. Court may also appoint counsel or GAL for child.

Passed in Senate on 3/3/23.  House Community Safety, Justice & Reentry Committee hearing on 3/20 @ 1:30pm.

Original bill would have required the office of civil legal aid to propose a plan to create a RTC for indigent survivors of domestic violence, but committee substitute requires OCLA to propose plan to "standardize and expand statewide access to civil legal assistance for survivors of domestic violence."

Passed in House on 3/7/23. Senate Committee on L. & Justice hearing 3/22 at 6:00 pm.

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

Passed House on 2/27/23; Senate L. & Justice Committee hearing on 3/22 @ 6pm.

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

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 RTC 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.

Identical to HB 1149, above. 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.

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.

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.