§ 9-27-316 - Right to counsel.
               	 		
9-27-316.    Right to counsel.
    (a)    (1)  In  delinquency and family in need of services cases, a juvenile and his or  her parent, guardian, or custodian shall be advised by the law  enforcement official taking a juvenile into custody, by the intake  officer at the initial intake interview, and by the court at the  juvenile's first appearance before the circuit court that the juvenile  has the right to be represented at all stages of the proceedings by  counsel.
      (2)  An extended juvenile  jurisdiction offender shall have a right to counsel at every stage of  the proceedings, including all reviews.
(b)    (1)    (A)  The  inquiry concerning the ability of the juvenile to retain counsel shall  include a consideration of the juvenile's financial resources and the  financial resources of his or her family.
            (B)  However,  the failure of the juvenile's family to retain counsel for the juvenile  shall not deprive the juvenile of the right to appointed counsel if  required under this section.
      (2)  After  review by the court of an affidavit of financial means completed and  verified by the parent of the juvenile and a determination by the court  that the parent or juvenile has the ability to pay, the court may order  financially able juveniles, parents, guardians, or custodians to pay all  or part of reasonable attorney's fees and expenses for representation  of a juvenile.
      (3)  All moneys  collected by the circuit clerk under this subsection shall be retained  by the clerk and deposited into a special fund to be known as the  "juvenile representation fund".
      (4)  The  court may direct that money from this fund be used in providing counsel  for juveniles under this section in delinquency or family in need of  services cases and indigent parents or guardians in dependency-neglect  cases as provided by subsection (h) of this section.
      (5)  Any  money remaining in the fund at the end of the fiscal year shall not  revert to any other fund but shall carry over into the next fiscal year  in the juvenile representation fund.
(c)  If  counsel is not retained for the juvenile or it does not appear that  counsel will be retained, counsel shall be appointed to represent the  juvenile at all appearances before the court unless the right to counsel  is waived in writing as set forth in    9-27-317.
(d)  In  a proceeding in which the judge determines that there is a reasonable  likelihood that the proceeding may result in the juvenile's commitment  to an institution in which the freedom of the juvenile would be  curtailed and counsel has not been retained for the juvenile, the court  shall appoint counsel for the juvenile.
(e)  Appointment  of counsel shall be made at a time sufficiently in advance of the court  appearance to allow adequate preparation by appointed counsel and  adequate consultation between the appointed counsel and the client.
(f)    (1)  The  court shall appoint an attorney ad litem who shall meet standards and  qualifications established by the Supreme Court to represent the best  interest of the juvenile when a dependency-neglect petition is filed or  when an emergency ex parte order is entered in a dependency-neglect  case, whichever occurs earlier.
      (2)  The  court may appoint an attorney ad litem to represent the best interest  of a juvenile involved in any case before the court and shall consider  the juvenile's best interest in determining whether to appoint an  attorney ad litem.
      (3)  Each attorney ad litem shall:
            (A)  File  written motions, responses, or objections at all stages of the  proceedings when necessary to protect the best interest of the juvenile;
            (B)  Attend all hearings and participate in all telephone conferences with the court unless excused by the court; and
            (C)  Present witnesses and exhibits when necessary to protect the juvenile's best interest.
      (4)  An  attorney ad litem shall be provided access to all records relevant to  the juvenile's case, including, but not limited to, school records,  medical records, all court records relating to the juvenile and his or  her family, and records of the Department of Human Services to the  extent permitted by federal law. 
      (5)    (A)  An attorney ad litem shall represent the best interest of the juvenile.
            (B)  If  the juvenile's wishes differ from the attorney's determination of the  juvenile's best interest, the attorney ad litem shall communicate the  juvenile's wishes to the court in addition to presenting his or her  determination of the juvenile's best interest.
(g)    (1)  The  court may appoint a volunteer court-appointed special advocate from a  program that shall meet all state and national court-appointed special  advocate standards to advocate for the best interest of juveniles in  dependency-neglect proceedings.
      (2)  No court-appointed special advocate shall be assigned a case before:
            (A)  Completing a training program in compliance with National Court Appointed Special Advocate Association and state standards; and
            (B)  Being  approved by the local court-appointed special advocate program, which  will include appropriate criminal background and child abuse registry  checks.
      (3)  Each court-appointed special advocate shall:
            (A)    (i)  Investigate  the case to which he or she is assigned to provide independent factual  information to the court through the attorney ad litem, court testimony,  or court reports.
                  (ii)  The court-appointed special advocate may testify if called as a witness.
                  (iii)  When  the court-appointed special advocate prepares a written report for the  court, the advocate shall provide all parties or the attorney of record  with a copy of the written report seven (7) business days before the  relevant hearing; and
            (B)  Monitor the case to which he or she is assigned to ensure compliance with the court's orders.
      (4)  Upon  presentation of an order of appointment, a court-appointed special  advocate shall be provided access to all records relevant to the  juvenile's case, including, but not limited to, school records, medical  records, all court records relating to the juvenile and his or her  family, and department records to the extent permitted by federal law.
      (5)  A  court-appointed special advocate is not a party to the case to which he  or she is assigned and shall not call witnesses or examine witnesses.
      (6)  A  court-appointed special advocate shall not be liable for damages for  personal injury or property damage pursuant to the Arkansas Volunteer  Immunity Act,    16-6-101 et seq.
      (7)  Except  as provided in this subsection, a court-appointed special advocate  shall not disclose any confidential information or reports to anyone  except as ordered by the court or otherwise provided by law.
(h)    (1)    (A)  In  all proceedings to remove custody from a parent or guardian or to  terminate parental rights, the parent or guardian shall be advised in  the dependency-neglect petition or the ex parte emergency order and the  first appearance before the court of the right to be represented by  counsel at all stages of the court proceedings and the right to  appointed counsel if indigent.
            (B)  A court may appoint counsel for the parent or guardian from whom custody was removed in the ex parte emergency order.
      (2)    (A)  Upon  request by a parent or guardian from whom custody was removed and a  determination by the court of indigence, the court shall appoint counsel  for the parent or guardian from whom custody was removed in all circuit  court proceedings to remove custody or terminate parental rights of a  juvenile.
            (B)  If the court  terminates parental rights, the court shall redetermine if the parent or  guardian is indigent and entitled to appointed counsel on appeal only  upon request by the parent or guardian and after a hearing to receive  evidence, including a new affidavit of indigence.
            (C)  No  payment of attorney's fees for a court proceeding for indigent parents  or guardians shall be authorized unless an affidavit of indigence is  completed and filed with the clerk of the court.
            (D)  No  payment of attorney's fees for appeals for indigent parents or  guardians shall be authorized unless a new affidavit of indigence is  completed and filed with the clerk of the court and a redetermination of  indigence hearing is held.
      (3)    (A)  After  review by the court of an affidavit of financial means completed and  verified by the parent or guardian and a determination by the court of  an ability to pay, the court shall order financially able parents or  guardians to pay all or a part of reasonable attorney's fees and  expenses for court-appointed representation of the parent or guardian.
            (B)    (i)  All  moneys collected by the clerk under this subsection shall be retained  by the clerk and deposited into a special fund to be known as the  juvenile representation fund.
                  (ii)  The  court may direct that money from this fund be used in providing counsel  for indigent parents or guardians at the trial level in  dependency-neglect proceedings.
                  (iii)  Upon  a determination of indigency and a finding by the court that the  juvenile representation fund does not have sufficient funds to pay  reasonable attorney's fees and expenses incurred at the trial court  level and state funds have been exhausted, the court may order the  county to pay these reasonable fees and expenses until the state  provides funding for counsel.
      (4)    (A)  Appointment  of counsel shall be made at a time sufficiently in advance of the court  appearance to allow adequate preparation by appointed counsel and  adequate consultation between the appointed counsel and the client.
            (B)  When  the first appearance before the court is an emergency hearing to remove  custody pursuant to    9-27-315, parents shall be notified of the right  to appointed counsel if indigent in the emergency ex parte order.
      (5)  The  parent's or guardian's attorney shall be provided access to all records  relevant to the juvenile's case, including, but not limited to, school  records, medical records, all court records relating to the juvenile and  his or her family, and department records to which the parent or  guardian is entitled under state and federal law.