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CSHB 259(STA): "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." 

00CS FOR HOUSE BILL NO. 259(STA)                                                                                        
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 who is the natural or adoptive parent of a child who is taken into                                      
07 emergency custody of the state under AS 47.10.142 may be represented, pending a                                         
08 determination of indigency, at public expense and without a court order by an attorney                                  
09 employed 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.