2009 Connecticut Code
Title 46b Family Law
Chapter 815t Juvenile Matters
Sec. 46b-123e. Eligibility for counsel in family relations or juvenile matters. Procedure for appointment or assignment.

      Sec. 46b-123e. Eligibility for counsel in family relations or juvenile matters. Procedure for appointment or assignment. (a) The judicial authority before whom a family relations matter described in subparagraph (A) of subdivision (1) of subsection (a) of section 46b-123d is pending shall determine eligibility for counsel for a child or youth and the parents or guardian of a child or youth if they are unable to afford counsel. Upon a finding that a party is unable to afford counsel, the judicial authority shall appoint an attorney to provide representation from a list of qualified attorneys provided by the Chief Child Protection Attorney.

      (b) The judicial authority before whom a juvenile matter described in subparagraph (B) of subdivision (1) of subsection (a) of section 46b-123d is pending shall notify the Chief Child Protection Attorney who shall assign an attorney to represent the child or youth. The judicial authority shall determine eligibility for counsel for the parents or guardian of the child or youth if such parents or guardian is unable to afford counsel. Upon a finding that such parents or guardian is unable to afford counsel, the judicial authority shall notify the Chief Child Protection Attorney of such finding, and the Chief Child Protection Attorney shall assign an attorney to provide representation.

      (c) For the purposes of determining eligibility for appointment of counsel pursuant to subsection (a) or (b) of this section, the judicial authority shall cause the parents or guardian of a child or youth to complete a written statement under oath or affirmation setting forth the parents' or guardian's liabilities and assets, income and sources thereof, and such other information as the Commission on Child Protection shall designate and require on forms adopted by said commission.

      (d) The payment of any attorney who was appointed prior to July 1, 2006, to represent a child or indigent parent in any case described in subdivision (1) of subsection (a) of section 46b-123d, who continues to represent such child or parent after July 1, 2006, shall be processed through the Commission on Child Protection and paid at the rate that was in effect at the time of such appointment.

      (June Sp. Sess. P.A. 05-3, S. 46; P.A. 06-187, S. 24; P.A. 07-159, S. 4.)

      History: June Sp. Sess. P.A. 05-3 effective July 1, 2006; P.A. 06-187 amended Subsec. (a) by replacing "appointed under section 46b-123c" with "to provide representation", replacing provision re notice by judicial authority upon appointment of counsel with provision re appointment of Chief Child Protection Attorney pursuant to subsection, making a technical change and replacing reference to contract with Commission on Child Protection with reference to contract with Chief Child Protection Attorney; P.A. 07-159 amended Subsec. (a) by making provisions thereof applicable to family relations matters and replacing provisions re appointment of, and assignment of attorney by, Chief Child Protection Attorney with provisions re appointment of attorney from list provided by Chief Child Protection Attorney, added new Subsec. (b) re assignment of attorney in a juvenile matter, repositioned existing provisions of Subsec. (a) re completion of written financial statement as Subsec. (c), redesignated existing Subsec. (b) as Subsec. (d) and made technical changes, effective July 1, 2007.