Hawaii 2022 Regular Session

Hawaii Senate Bill SB2968 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2968 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to court appointed attorneys. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2968
4	4	THIRTY-FIRST LEGISLATURE, 2022
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2968
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to court appointed attorneys.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 587A-17, Hawaii Revised Statutes, is amended to read as follows: "[[]§587A-17[]] Court-appointed attorneys. (a) The court may appoint an attorney to represent a legal parent who is indigent based on court-established guidelines. The court may also appoint an attorney to represent another indigent party based on court-established guidelines, if it is deemed to be in the child's best interest. Attorneys who are appointed by the court to represent indigent legal parents and other indigent qualifying parties may be paid by the court, unless the legal parent or party for whom counsel is appointed has an independent estate sufficient to pay [such] the legal fees and costs. The court may order the appropriate legal parent or party to pay or reimburse the fees and costs of an attorney appointed for the child or incapacitated adult. (b) The court appointed attorney for the legal parent or party in child welfare cases shall practice in compliance with the American Bar Association Standards of Practice for Attorneys Representing Parents in Abuse and Neglect Cases and shall provide a copy of the standards to the legal parent or party no later than at the time that an attorney client relationship is created. [(b)] (c) Unless otherwise ordered by the court, the attorney for an incapacitated adult shall take instructions from the incapacitated adult's guardian ad litem." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Section 587A-17, Hawaii Revised Statutes, is amended to read as follows:
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51	51	"[[]§587A-17[]] Court-appointed attorneys. (a) The court may appoint an attorney to represent a legal parent who is indigent based on court-established guidelines. The court may also appoint an attorney to represent another indigent party based on court-established guidelines, if it is deemed to be in the child's best interest. Attorneys who are appointed by the court to represent indigent legal parents and other indigent qualifying parties may be paid by the court, unless the legal parent or party for whom counsel is appointed has an independent estate sufficient to pay [such] the legal fees and costs. The court may order the appropriate legal parent or party to pay or reimburse the fees and costs of an attorney appointed for the child or incapacitated adult.
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53	53	(b) The court appointed attorney for the legal parent or party in child welfare cases shall practice in compliance with the American Bar Association Standards of Practice for Attorneys Representing Parents in Abuse and Neglect Cases and shall provide a copy of the standards to the legal parent or party no later than at the time that an attorney client relationship is created.
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55	55	[(b)] (c) Unless otherwise ordered by the court, the attorney for an incapacitated adult shall take instructions from the incapacitated adult's guardian ad litem."
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57	57	SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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59	59	SECTION 3. This Act shall take effect upon its approval.
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63	63	INTRODUCED BY: _____________________________
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97	97	Report Title: American Bar Association; Standards; Court Appointed Attorney; Child Welfare Description: Requires the court appointed attorney for the legal parent or party in child welfare cases to practice pursuant to the American Bar Association Standards of Practice for Attorneys Representing Parents in Abuse and Neglect Cases and to provide a copy of the standards to the legal parent or party. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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105	105	American Bar Association; Standards; Court Appointed Attorney; Child Welfare
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111	111	Requires the court appointed attorney for the legal parent or party in child welfare cases to practice pursuant to the American Bar Association Standards of Practice for Attorneys Representing Parents in Abuse and Neglect Cases and to provide a copy of the standards to the legal parent or party.
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119	119	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.