<br><br> <br>Page 1 of 1 <br>31.125 Determination of indigency of child's custodian -- Payment for defense of <br>child -- Exceptions. <br>(1) If court-appointed counsel has been provided to a juvenile in any proceeding, the <br>court appointing the counsel shall: <br>(a) Ascertain who has legal custody of the child; and <br>(b) Ascertain whether the person who has legal custody of the child is indigent <br>and would be entitled to representation pursuant to this chapter if the person <br>having custody of the child were a criminal defendant. <br>(2) (a) If it is determined that the child has two (2) living parents or two (2) living <br>guardians, the determination made pursuant to paragraph (b) of subsection (1) <br>of this section shall be made with regard to both parents or both guardians to <br>the extent practical. <br>(b) If it is determined that both parents or both guardians of a child before the <br>court would not qualify for public defense services as an indigent pursuant to <br>this chapter, then both parents or both guardians shall be ordered to pay for the <br>defense of the child if it is practical to bring both parents or guardians before <br>the court. <br>(c) If it is determined that one (1) parent or guardian of a child before the court <br>would not qualify for public defense services as an indigent pursuant to this <br>chapter, then that parent or guardian shall be ordered to pay for the defense of <br>the child if it is possible to bring the parent or guardian before the court. <br>(3) Absent a showing of indigency: <br>(a) The fact that a child's parents are divorced may relieve a noncustodial parent <br>of the obligation to pay for defense of the child. <br>(b) The fact that a child is in the custody of a public agency shall relieve a parent <br>from paying for the child's defense. <br>(4) The provisions of this section shall not apply if the parent or guardian was the <br>victim of the juvenile's alleged criminal act, or if the parent or guardian is the <br>complainant in the delinquency proceeding. <br>(5) Subsections (1) to (3) of this section shall not apply to public representation of a <br>child from the time he would first be entitled to counsel, if an adult, until a <br>determination of indigency is made as provided in this section. <br>Effective: July 15, 1997 <br>History: Created 1996 Ky. Acts ch. 358, sec. 5, effective July 15, 1997. <br>Legislative Research Commission Note (7/15/96). Under 1996 Ky. Acts ch. 358, sec. <br>67(1), this statute becomes effective July 15, 1997. <br><br>