HB1559

HB1559: Similar to SB 2271 but includes provisions about payment of parents’ appointed counsel fees and makes changes beyond the RTC. Changing appointment of counsel for indigent parents in abuse/neglect and termination of parental rights (TPR) (State) matters from discretionary to mandatory as to custodial parents. Provides that the youth court judge may appoint counsel for an indigent noncustodial parent if the parent “has demonstrated a significant custodial relationship with the child.” However, a “financially able parent or custodian” shall be ordered to pay all or part of reasonable attorney’s fees and expenses for court-appointed representation. Any monies collected by the clerk are deposited into a fund which can be used to pay for counsel of indigent parents and custodians. If the court finds the parent or custodian indigent, the attorney’s fees shall be paid by the Fund, unless the funds are exhausted, in which case the court may order the county to pay the reasonable fees and expenses. The bill would also amend the definition of “neglect” to exclude the failure to provide a child with food, clothing or shelter when the failure is caused primarily by a financial inability and define “compelling and extraordinary reasons” as to why termination of parental rights would not be in the child’s best interests.