63A-11-202 - Contracted parental defense attorney. - Utah Statutes

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63A-11-202. Contracted parental defense attorney.
(1) With respect to child welfare cases, a contracted parental defense attorney shall:
(a) adequately prepare for and attend all court hearings, including initial and continuedshelter hearings and mediations;
(b) fully advise the client of the nature of the proceedings and of the client's rights,communicate to the client any offers of settlement or compromise, and advise the clientregarding the reasonably foreseeable consequences of any course of action in the proceedings;
(c) be reasonably available to consult with the client outside of court proceedings;
(d) where attendance of a parental defense attorney is reasonably needed, attend meetingsregarding the client's case with representatives of one or more of the Division of Child andFamily Services, the Office of the Attorney General, and the Office of Guardian Ad Litem;
(e) represent the interest of the client at all stages of the proceedings before the trialcourt; and
(f) participate in the training courses and otherwise maintain the standards described inSubsection (3).
(2) If the office enters into a contract with an attorney under Section 63A-11-105, thecontract shall require that each attorney in the firm who will provide representation of parents inchild welfare cases under the contract perform the duties described in Subsection (1).
(3) (a) Except as otherwise provided in Subsection (3)(b), a contracted parental defenseattorney shall meet the standards developed by the director which may include:
(i) completion of a basic training course provided by the office;
(ii) experience in child welfare cases; and
(iii) participation each calendar year in continuing legal education courses providing nofewer than eight hours of instruction in child welfare law.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedirector may, by rule, exempt from the requirements of Subsection (3)(a) an attorney who hasequivalent training or adequate experience.
(4) Payment for the representation, costs, and expenses of the contracted parental defenseattorney shall be made from the Child Welfare Parental Defense Fund as provided in Section63A-11-203.

Amended by Chapter 32, 2009 General Session

State Codes and Statutes

Statutes > Utah > Title-63a > Chapter-11 > 63a-11-202

63A-11-202. Contracted parental defense attorney.
(1) With respect to child welfare cases, a contracted parental defense attorney shall:
(a) adequately prepare for and attend all court hearings, including initial and continuedshelter hearings and mediations;
(b) fully advise the client of the nature of the proceedings and of the client's rights,communicate to the client any offers of settlement or compromise, and advise the clientregarding the reasonably foreseeable consequences of any course of action in the proceedings;
(c) be reasonably available to consult with the client outside of court proceedings;
(d) where attendance of a parental defense attorney is reasonably needed, attend meetingsregarding the client's case with representatives of one or more of the Division of Child andFamily Services, the Office of the Attorney General, and the Office of Guardian Ad Litem;
(e) represent the interest of the client at all stages of the proceedings before the trialcourt; and
(f) participate in the training courses and otherwise maintain the standards described inSubsection (3).
(2) If the office enters into a contract with an attorney under Section 63A-11-105, thecontract shall require that each attorney in the firm who will provide representation of parents inchild welfare cases under the contract perform the duties described in Subsection (1).
(3) (a) Except as otherwise provided in Subsection (3)(b), a contracted parental defenseattorney shall meet the standards developed by the director which may include:
(i) completion of a basic training course provided by the office;
(ii) experience in child welfare cases; and
(iii) participation each calendar year in continuing legal education courses providing nofewer than eight hours of instruction in child welfare law.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedirector may, by rule, exempt from the requirements of Subsection (3)(a) an attorney who hasequivalent training or adequate experience.
(4) Payment for the representation, costs, and expenses of the contracted parental defenseattorney shall be made from the Child Welfare Parental Defense Fund as provided in Section63A-11-203.

Amended by Chapter 32, 2009 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-63a > Chapter-11 > 63a-11-202

63A-11-202. Contracted parental defense attorney.
(1) With respect to child welfare cases, a contracted parental defense attorney shall:
(a) adequately prepare for and attend all court hearings, including initial and continuedshelter hearings and mediations;
(b) fully advise the client of the nature of the proceedings and of the client's rights,communicate to the client any offers of settlement or compromise, and advise the clientregarding the reasonably foreseeable consequences of any course of action in the proceedings;
(c) be reasonably available to consult with the client outside of court proceedings;
(d) where attendance of a parental defense attorney is reasonably needed, attend meetingsregarding the client's case with representatives of one or more of the Division of Child andFamily Services, the Office of the Attorney General, and the Office of Guardian Ad Litem;
(e) represent the interest of the client at all stages of the proceedings before the trialcourt; and
(f) participate in the training courses and otherwise maintain the standards described inSubsection (3).
(2) If the office enters into a contract with an attorney under Section 63A-11-105, thecontract shall require that each attorney in the firm who will provide representation of parents inchild welfare cases under the contract perform the duties described in Subsection (1).
(3) (a) Except as otherwise provided in Subsection (3)(b), a contracted parental defenseattorney shall meet the standards developed by the director which may include:
(i) completion of a basic training course provided by the office;
(ii) experience in child welfare cases; and
(iii) participation each calendar year in continuing legal education courses providing nofewer than eight hours of instruction in child welfare law.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thedirector may, by rule, exempt from the requirements of Subsection (3)(a) an attorney who hasequivalent training or adequate experience.
(4) Payment for the representation, costs, and expenses of the contracted parental defenseattorney shall be made from the Child Welfare Parental Defense Fund as provided in Section63A-11-203.

Amended by Chapter 32, 2009 General Session