Right to counsel

Ky. Stat. § 610.060(1)(a) states:

If the Circuit or District Court determines that a formal proceeding is required in the interest of the child ... the court shall, when the child is brought before the court ... Explain to the child and his parents, guardian, or person exercising custodial control their respective rights to counsel and, if the child and his parents, guardian, or person exercising custodial control are unable to obtain counsel, shall appoint counsel for the child, as provided in subsection (2) of this section, and, unless specified to the contrary by other provisions of KRS Chapters 600 to 645, may appoint counsel for the parents, guardian, or person exercising custodial control")

In, B.C. v. B.T., 182 S.W.3d 213, 217 (Ky. Ct. App. 2005), the court made it clear that § 610.060 applies to a dependency proceeding.  But another statutory provision also provides for the appointment of counsel for children, in any dependency hearings that follow the initial temporary removal hearing.  Ky. Rev. Stat. Ann. § 620.100 states in pertinent part:

(1) If the court determines, as a result of a temporary removal hearing, that further proceedings are required, the court shall advise the child and his parent or other person exercising custodial control or supervision of their right to appointment of separate counsel:

(a) The court shall appoint counsel for the child to be paid for by the Finance and Administration Cabinet. Counsel shall document participation in training on the role of counsel that includes training in early childhood, child, and adolescent development. The clerk of the court shall arrange for service on all parties, including the local representative of the Cabinet for Health and Family Services, of the order appointing counsel. The fee to be fixed by the court shall not exceed five hundred dollars ($500); however, if the action has final disposition in the District Court, the fee shall not exceed two hundred fifty dollars ($250);

...