SB 1040 - This act repeal provisions of current law distinguishing between the types of cases in which a child is entitled to be represented by counsel or a guardian ad litem. Instead, the court shall appoint counsel in cases involving delinquency, child abuse or neglect, and termination of parental rights proceedings. Counsel shall be appointed prior to the first hearing and shall represent the child at all stages of the proceeding. The child and child's custodian shall not be represented by the same counsel. If a child, parent, or guardian is found to be indigent, the court shall appoint counsel unless counsel is knowingly, intelligently, and voluntarily waived. This act also repeals provisions of existing law relating to conditions for appointing counsel and waiving counsel.

Under this act, a court may appoint a guardian ad litem for a child in a dependency proceeding involving child abuse or neglect. The guardian ad litem shall not be the child's counsel.

The Supreme Court shall establish standards of practice for counsel and guardians ad litem and the Office of State Courts Administrator shall annually make public available aggregate data of children appointed counsel under this act.

This act is identical to SB 668 (2023) and similar to HB 1170 (2023).

SARAH HASKINS