HB1485
HB1485: The bill would create a new chapter titled “Court Appointed Attorneys for Children” (at IC 33-23-19). Under current law, the court may appoint counsel for children in any juvenile court proceeding, which includes abuse matters (called “Child in Need of Services,” or “CHINS” cases). The newly created chapter would require the appointment of counsel “for the duration of the proceeding” for certain “eligible children.” The law defines ‘eligible children’ as children “placed in, or sought to be placed in, a: (i) secure private facility; (ii) nonsecure private facility; or (iii) shelter care facility” and who are the subject of a CHINS matter under IC 31-34 or a proceeding to TPR under IC 31-35. It would require counsel to be appointed at least 48 hrs before approval of a motion to place or authorization of a motion to place, unless the child must be placed after hours, on a weekend, on a holiday, or in an emergency situation, in which case counsel must be appointed “as soon as practicable” following placement. Finally, any waiver of counsel by the child must be made in open court, on the record, and with the appointed atty present.
Bill Status: Active
Last action (on 02/13/2025): Representative Harris added as coauthor
