00CS FOR HOUSE BILL NO. 259(FIN)                                                                                        
01 "An Act relating to eligibility to be represented by the public defender before                                         
02 and during the probable cause and temporary placement hearing that is held after                                        
03 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 parent, adoptive parent, or guardian of a child who is taken into emergency custody                                     
08 of the state under AS 47.10.142 may be represented at public expense and without a                                      
09 court order by an attorney employed by the Public Defender Agency in connection                                         
10 with the hearing held under AS 47.10.142(d).  Representation in connection with the                                     
11 hearing may include investigation and other preparation before the hearing is held as                                   
12 well as representation at the hearing.  Continued representation of the person by the                                   
13 Public Defender Agency after the hearing is held under AS 47.10.142(d) is contingent                                    
14 on satisfaction of the eligibility requirements of (a) - (d) of this section, the issuance                              

01 of an appropriate court order, and compliance with the applicable laws and court rules                                  
02 relating to court-appointed counsel employed at the public's expense.  If a person who                                  
03 was represented by the Public Defender Agency at public expense without a court                                         
04 order in connection with a hearing held under AS 47.10.142(d) is not later determined                                   
05 to be eligible for court-appointed counsel at public expense under applicable laws and                                  
06 court rules, the court shall assess against the represented person the cost to the Public                               
07 Defender Agency of providing the representation.  In this subsection, "guardian" means                                  
08 a natural person who is legally appointed guardian of the person of a child.                                            
09    * Sec. 2.  AS 18.85.120(d) is amended to read:                                                                     
10   (d)  Except as provided in AS 18.85.100(e), as  [AS] a condition of receiving                                      
11 services under this chapter, a person shall affirm indigency under oath to the court and                                
12 execute a general waiver authorizing the release to the court of income information                                     
13 regarding any income source the person has had for a period of three years                                              
14 immediately preceding the person's first court appearance in connection with each                                       
15 cause.  At the conclusion of all services by the public defender to the person, the court                               
16 shall upon request release to the attorney general all information received under this                                  
17 subsection except information that might incriminate or tend to incriminate the person.