CSHB 259(JUD): "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(JUD) 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) Subject to other provisions of this subsection, a person who is the natural 07 or adoptive parent of a child who is taken into emergency custody of the state under 08 AS 47.10.142 may be represented at public expense and without a court order by an 09 attorney employed by the Public Defender Agency in connection with the hearing held 10 under AS 47.10.142(d). Representation in connection with the hearing may include 11 investigation and other preparation before the hearing is held as well as representation 12 at the hearing. Continued representation of the person by the Public Defender Agency 13 after the hearing is held under AS 47.10.142(d) is contingent on satisfaction of the 14 eligibility requirements of (a) - (d) of this section, the issuance of an appropriate court
01 order, and compliance with the applicable laws and court rules relating to court- 02 appointed counsel employed at the public's expense. If a person who was represented by the 03 Public Defender Agency at public expense without a court order in connection with a hearing 04 held under AS 47.10.142(d) is not later determined to be eligible for court-appointed counsel 05 at public expense under applicable laws and court rules, the court shall assess against the 06 represented parent the cost to the Public Defender Agency of providing the representation. 07 * Sec. 2. AS 18.85.120(d) is amended to read: 08 (d) Except as provided in AS 18.85.100(e), as [AS] a condition of receiving 09 services under this chapter, a person shall affirm indigency under oath to the court and 10 execute a general waiver authorizing the release to the court of income information 11 regarding any income source the person has had for a period of three years 12 immediately preceding the person's first court appearance in connection with each 13 cause. At the conclusion of all services by the public defender to the person, the court 14 shall upon request release to the attorney general all information received under this 15 subsection except information that might incriminate or tend to incriminate the person.