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Session of 1999
          SENATE BILL No. 370           By SRS Transition Oversight Committee           9-28          

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10             AN  ACT concerning children; relating to guardians ad litem; amending
11             K.S.A. 1999 Supp. 38-1505 and repealing the existing section.
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13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 38-1505 is hereby amended to read as
15       follows: 38-1505. (a) (1) Appointment of guardian ad litem; duties. Except
16       as provided in subsection (2), upon the filing of a petition the court shall
17       appoint a person who is an attorney to serve as guardian ad litem for a
18       child who is the subject of proceedings under this code. The guardian ad
19       litem shall make an independent investigation of the facts upon which the
20       petition is based and shall appear for and represent the child.
21             (2) The court, in the court's discretion, may appoint a guardian ad
22       litem for any child who is not attending school as required by K.S.A. 72-
23       977 or 72-1111, and amendments thereto. No other provision of the Kan-
24       sas code for the care of children shall be construed to require the court
25       to appoint a guardianad litem for any child who is not attending school
26       as required by K.S.A. 72-977 or 72-1111, and amendments thereto.
27             (b) Attorney for parent or custodian. A parent or custodian of a child
28       alleged or adjudged to be a child in need of care may be represented by
29       an attorney, other than the guardian ad litem appointed for the child, in
30       connection with all proceedings under this code. If at any stage of the
31       proceedings a parent desires but is financially unable to employ an attor-
32       ney, the court shall appoint an attorney for the parent. It shall not be
33       necessary to appoint an attorney to represent a parent who fails or refuses
34       to attend the hearing after having been properly served with process in
35       accordance with K.S.A. 38-1534 and amendments thereto. A parent or
36       custodian who is not a minor, a mentally ill person as defined in K.S.A.
37       1999 Supp. 59-2946 and amendments thereto or a disabled person as
38       defined in K.S.A. 59-3002 and amendments thereto may waive counsel
39       either in writing or on the record.
40             (c) Attorney for parent who is a minor, mentally ill or disabled. The
41       court shall appoint an attorney for a parent who is a minor, a mentally ill
42       person as defined in K.S.A. 59-2902 and amendments thereto or a disa-
43       bled person as defined in K.S.A. 59-3002 and amendments thereto, unless

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  1       the court determines that there is an attorney retained who will appear
  2       and represent the interests of the person in the proceedings under this
  3       code.
  4             (d) Continuation of representation. A guardian ad litem appointed for
  5       a child or an attorney appointed for a parent or custodian shall continue
  6       to represent the client at all subsequent hearings in proceedings under
  7       this code, including any appellate proceedings, unless relieved by the
  8       court upon a showing of good cause or upon transfer of venue.
  9             (e) Fees for counsel. A guardian ad litem or attorney appointed for
10       parties to proceedings under this section shall be allowed a reasonable
11       fee for their services, which may be assessed as an expense in the pro-
12       ceedings as provided in K.S.A. 38-1511 and amendments thereto. 
13       Sec.  2. K.S.A. 1999 Supp. 38-1505 is hereby repealed.
14        Sec.  3. This act shall take effect and be in force from and after its
15       publication in the statute book.