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IN HB1485

IN HB1485
Court appointed counsel for certain minors.


summary

Introduced
01/21/2025
In Committee
01/21/2025
Crossed Over
Passed
Dead
04/24/2025

Introduced Session

2025 Regular Session

Bill Summary

Court appointed counsel for certain minors. Provides that courts are required to appoint counsel for eligible children with certain exceptions. Provides that a county may seek reimbursement up to 100% for expenditures related to attorney services for eligible children. Requires the commission on court appointed attorneys to: (1) establish certain guidelines for counties to be eligible for reimbursement from the public defense fund; and (2) make a report to the legislative council and budget committee not later than December 1, 2026, regarding the 100% reimbursement for attorney services provided to eligible children. Makes an appropriation.

AI Summary

This bill establishes a new legal framework for providing court-appointed attorneys to certain children in Indiana, specifically those involved in Child in Need of Services (CHINS) proceedings or parental termination cases. The bill requires courts to appoint counsel for "eligible children" at least 48 hours before placing them in secure or nonsecure facilities, with exceptions for emergency or after-hours situations. The legislation defines an "eligible child" as one who is being placed in a facility and is the subject of a CHINS or parental termination proceeding. Courts must determine attorney qualifications through guidelines set by the Indiana Commission on Court Appointed Attorneys, and may appoint a single attorney for siblings. Children can waive counsel, but only through a specific process that involves discussing the waiver with the appointed attorney and confirming it in open court. The bill also provides for 100% reimbursement to counties for attorney services for eligible children, and requires the commission to establish guidelines for attorney qualifications, meeting requirements, and caseload limits. Additionally, the commission must submit annual reports to the legislative council and budget committee about the reimbursement program, with an initial report due by December 1, 2026. The bill includes an appropriation from the state general fund to support these attorney services and will take effect on July 1, 2025.

Committee Categories

Justice

Sponsors (3)

Last Action

Representative Harris added as coauthor (on 02/13/2025)

bill text


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