Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2205.Right to counsel; guardian adlitem.(a) Appointment of guardian ad litem and attorney forchild;duties. Upon thefiling of a petition, the court shall appoint an attorney to serve as guardianad litem for a child whois the subject of proceedings under this code. The guardian adlitem shall make an independentinvestigation of the facts upon which the petition is based and shall appearfor and represent the bestinterests of the child. When the child's position is not consistent with thedetermination of theguardian ad litem as to the child's best interests, the guardianad litem shall inform the court of thedisagreement. The guardian ad litem or the child may request thecourt to appoint a second attorneyto serve as attorney for the child, and the court, on good cause shown, mayappoint such secondattorney. The attorney for the child shall allow the child and the guardianad litem to communicatewith one another but may require such communications to occur in the attorney'spresence.
(b) Attorney for parent or custodian. A parent of achild alleged or adjudgedto be a child in need of care may be represented by an attorney, in connectionwith all proceedingsunder this code. At the first hearing in connection with proceedings under thiscode, the court shall distribute a pamphlet, designed by the court, to theparents of a child alleged or adjudged to be a child in need of care, to advisethe parents of their rights in connection with all proceedings under this code.
(1) If at any stage of the proceedings a parent desires but is financiallyunable to employ anattorney, the court shall appoint an attorney for the parent. It shall not benecessary to appoint anattorney to represent a parent who fails or refuses to attend the hearing afterhaving been properlyserved with process in accordance withK.S.A. 2009 Supp.38-2237, andamendments thereto. Aparent or custodianwho is not a minor, a mentally ill person or a disabled person may waivecounsel either in writingor on the record.
(2) The court shall appoint an attorney for a parent who is a minor, amentally ill person ora disabled person unless the court determines that there is an attorneyretained who will appear andrepresent the interests of the person in the proceedings under this code.
(3) As used in this subsection: (A) "Mentally ill person" shall have themeaning ascribedthereto in K.S.A. 59-2946, and amendments thereto; and(B) "disabled person" shall have the meaning ascribed thereto in K.S.A.77-201, andamendments thereto.
(c) Attorney for interested parties. A person who, pursuant toK.S.A. 2009 Supp.38-2241, and amendmentsthereto, is an interested party in a proceeding involving a child alleged to bea child in need of caremay be represented by an attorney in connection with all proceedings under thiscode. At the first hearing in connection with proceedings under this code, thecourt shall distribute a pamphlet, designed by the court, to interested partiesin a proceeding involving a child alleged or adjudged to be a child in need ofcare, to advise interested parties of their rights in connection with allproceedings under this code. It shall not be necessary to appoint anattorney to represent aninterested party who fails or refuses to attend the hearing after having beenproperly served withprocess in accordance withK.S.A. 2009 Supp.38-2237, and amendments thereto.If at any stage of the proceedings a person who is an interested party undersubsection (d) ofK.S.A. 2009 Supp.38-2241, and amendments thereto, desiresbut isfinancially unable to employ an attorney, the court may appoint an attorney forthe interested party.
(d) Continuation of representation. A guardian ad litemappointed to represent the bestinterests of a child or a second attorney appointed for a child as provided insubsection (a), or anattorney appointed for a parent or custodian shall continue to represent theclient at all subsequenthearings in proceedings under this code, including any appellate proceedings,unless relieved by thecourt upon a showing of good cause or upon transfer of venue.
(e) Fees for counsel. An attorney appointed pursuant to thissection shall be allowed areasonable fee for services, which may be assessed as an expense in theproceedings as provided inK.S.A. 2009 Supp.38-2215, and amendments thereto.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2205.Right to counsel; guardian adlitem.(a) Appointment of guardian ad litem and attorney forchild;duties. Upon thefiling of a petition, the court shall appoint an attorney to serve as guardianad litem for a child whois the subject of proceedings under this code. The guardian adlitem shall make an independentinvestigation of the facts upon which the petition is based and shall appearfor and represent the bestinterests of the child. When the child's position is not consistent with thedetermination of theguardian ad litem as to the child's best interests, the guardianad litem shall inform the court of thedisagreement. The guardian ad litem or the child may request thecourt to appoint a second attorneyto serve as attorney for the child, and the court, on good cause shown, mayappoint such secondattorney. The attorney for the child shall allow the child and the guardianad litem to communicatewith one another but may require such communications to occur in the attorney'spresence.
(b) Attorney for parent or custodian. A parent of achild alleged or adjudgedto be a child in need of care may be represented by an attorney, in connectionwith all proceedingsunder this code. At the first hearing in connection with proceedings under thiscode, the court shall distribute a pamphlet, designed by the court, to theparents of a child alleged or adjudged to be a child in need of care, to advisethe parents of their rights in connection with all proceedings under this code.
(1) If at any stage of the proceedings a parent desires but is financiallyunable to employ anattorney, the court shall appoint an attorney for the parent. It shall not benecessary to appoint anattorney to represent a parent who fails or refuses to attend the hearing afterhaving been properlyserved with process in accordance withK.S.A. 2009 Supp.38-2237, andamendments thereto. Aparent or custodianwho is not a minor, a mentally ill person or a disabled person may waivecounsel either in writingor on the record.
(2) The court shall appoint an attorney for a parent who is a minor, amentally ill person ora disabled person unless the court determines that there is an attorneyretained who will appear andrepresent the interests of the person in the proceedings under this code.
(3) As used in this subsection: (A) "Mentally ill person" shall have themeaning ascribedthereto in K.S.A. 59-2946, and amendments thereto; and(B) "disabled person" shall have the meaning ascribed thereto in K.S.A.77-201, andamendments thereto.
(c) Attorney for interested parties. A person who, pursuant toK.S.A. 2009 Supp.38-2241, and amendmentsthereto, is an interested party in a proceeding involving a child alleged to bea child in need of caremay be represented by an attorney in connection with all proceedings under thiscode. At the first hearing in connection with proceedings under this code, thecourt shall distribute a pamphlet, designed by the court, to interested partiesin a proceeding involving a child alleged or adjudged to be a child in need ofcare, to advise interested parties of their rights in connection with allproceedings under this code. It shall not be necessary to appoint anattorney to represent aninterested party who fails or refuses to attend the hearing after having beenproperly served withprocess in accordance withK.S.A. 2009 Supp.38-2237, and amendments thereto.If at any stage of the proceedings a person who is an interested party undersubsection (d) ofK.S.A. 2009 Supp.38-2241, and amendments thereto, desiresbut isfinancially unable to employ an attorney, the court may appoint an attorney forthe interested party.
(d) Continuation of representation. A guardian ad litemappointed to represent the bestinterests of a child or a second attorney appointed for a child as provided insubsection (a), or anattorney appointed for a parent or custodian shall continue to represent theclient at all subsequenthearings in proceedings under this code, including any appellate proceedings,unless relieved by thecourt upon a showing of good cause or upon transfer of venue.
(e) Fees for counsel. An attorney appointed pursuant to thissection shall be allowed areasonable fee for services, which may be assessed as an expense in theproceedings as provided inK.S.A. 2009 Supp.38-2215, and amendments thereto.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2205.Right to counsel; guardian adlitem.(a) Appointment of guardian ad litem and attorney forchild;duties. Upon thefiling of a petition, the court shall appoint an attorney to serve as guardianad litem for a child whois the subject of proceedings under this code. The guardian adlitem shall make an independentinvestigation of the facts upon which the petition is based and shall appearfor and represent the bestinterests of the child. When the child's position is not consistent with thedetermination of theguardian ad litem as to the child's best interests, the guardianad litem shall inform the court of thedisagreement. The guardian ad litem or the child may request thecourt to appoint a second attorneyto serve as attorney for the child, and the court, on good cause shown, mayappoint such secondattorney. The attorney for the child shall allow the child and the guardianad litem to communicatewith one another but may require such communications to occur in the attorney'spresence.
(b) Attorney for parent or custodian. A parent of achild alleged or adjudgedto be a child in need of care may be represented by an attorney, in connectionwith all proceedingsunder this code. At the first hearing in connection with proceedings under thiscode, the court shall distribute a pamphlet, designed by the court, to theparents of a child alleged or adjudged to be a child in need of care, to advisethe parents of their rights in connection with all proceedings under this code.
(1) If at any stage of the proceedings a parent desires but is financiallyunable to employ anattorney, the court shall appoint an attorney for the parent. It shall not benecessary to appoint anattorney to represent a parent who fails or refuses to attend the hearing afterhaving been properlyserved with process in accordance withK.S.A. 2009 Supp.38-2237, andamendments thereto. Aparent or custodianwho is not a minor, a mentally ill person or a disabled person may waivecounsel either in writingor on the record.
(2) The court shall appoint an attorney for a parent who is a minor, amentally ill person ora disabled person unless the court determines that there is an attorneyretained who will appear andrepresent the interests of the person in the proceedings under this code.
(3) As used in this subsection: (A) "Mentally ill person" shall have themeaning ascribedthereto in K.S.A. 59-2946, and amendments thereto; and(B) "disabled person" shall have the meaning ascribed thereto in K.S.A.77-201, andamendments thereto.
(c) Attorney for interested parties. A person who, pursuant toK.S.A. 2009 Supp.38-2241, and amendmentsthereto, is an interested party in a proceeding involving a child alleged to bea child in need of caremay be represented by an attorney in connection with all proceedings under thiscode. At the first hearing in connection with proceedings under this code, thecourt shall distribute a pamphlet, designed by the court, to interested partiesin a proceeding involving a child alleged or adjudged to be a child in need ofcare, to advise interested parties of their rights in connection with allproceedings under this code. It shall not be necessary to appoint anattorney to represent aninterested party who fails or refuses to attend the hearing after having beenproperly served withprocess in accordance withK.S.A. 2009 Supp.38-2237, and amendments thereto.If at any stage of the proceedings a person who is an interested party undersubsection (d) ofK.S.A. 2009 Supp.38-2241, and amendments thereto, desiresbut isfinancially unable to employ an attorney, the court may appoint an attorney forthe interested party.
(d) Continuation of representation. A guardian ad litemappointed to represent the bestinterests of a child or a second attorney appointed for a child as provided insubsection (a), or anattorney appointed for a parent or custodian shall continue to represent theclient at all subsequenthearings in proceedings under this code, including any appellate proceedings,unless relieved by thecourt upon a showing of good cause or upon transfer of venue.
(e) Fees for counsel. An attorney appointed pursuant to thissection shall be allowed areasonable fee for services, which may be assessed as an expense in theproceedings as provided inK.S.A. 2009 Supp.38-2215, and amendments thereto.
