HB 259: "An Act relating to a parent's eligibility to be represented by the public defender before and during the probable cause and temporary placement hearing that is held after the state takes emergency custody of a child."
00HOUSE BILL NO. 259 01 "An Act relating to a parent's eligibility to be represented by the public defender 02 before and during the probable cause and temporary placement hearing that is 03 held after the state takes emergency custody of a child." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 18.85.100 is amended by adding a new subsection to read: 06 (e) A person, whether or not indigent, who is the natural or adoptive parent 07 of a child who is taken into emergency custody of the state under AS 47.10.142 may 08 be represented at public expense and without a court order by an attorney employed 09 by the Public Defender Agency in connection with the hearing held under 10 AS 47.10.142(d). Representation under this subsection may include investigation and 11 other preparation before the hearing is held as well as representation at the hearing. 12 Continued representation of the person by the Public Defender Agency after the 13 hearing is held under AS 47.10.142(d) is contingent on satisfaction of the eligibility 14 requirements of (a) - (d) of this section, the issuance of an appropriate court order, and
01 compliance with the applicable laws and court rules relating to court-appointed counsel 02 employed at the public's expense. 03 * Sec. 2. AS 18.85.120(d) is amended to read: 04 (d) Except as provided in AS 18.85.100(e), as [AS] a condition of receiving 05 services under this chapter, a person shall affirm indigency under oath to the court and 06 execute a general waiver authorizing the release to the court of income information 07 regarding any income source the person has had for a period of three years 08 immediately preceding the person's first court appearance in connection with each 09 cause. At the conclusion of all services by the public defender to the person, the court 10 shall upon request release to the attorney general all information received under this 11 subsection except information that might incriminate or tend to incriminate the person.