§ 9-27-401 - Creation -- Representation for children and parents.
               	 		
9-27-401.    Creation -- Representation for children and parents.
    (a)  There  is hereby created a Division of Dependency-Neglect Representation  within the Administrative Office of the Courts that will be staffed by a  court-appointed special advocate coordinator and an attorney  coordinator.
(b)    (1)  The  Director of the Administrative Office of the Courts is authorized to  employ or enter into professional service contracts with private  individuals or businesses or public agencies to represent all children  in dependency-neglect proceedings.
      (2)    (A)  Before  employing or entering into a contract or contracts, the office shall  consult with the judge or judges of the circuit court designated to hear  dependency-neglect cases in their district plan under Supreme Court  Administrative Order Number 14, originally issued April 6, 2001, in each  judicial district in accordance with the provisions of    19-11-1001 et  seq.
            (B)  Those obtaining  employment or contracts through the office as described in subdivision  (b)(3) of this section will be designated as the providers for  representation of children in dependency-neglect cases in each judicial  district.
      (3)    (A)  The office shall advertise employment and contract opportunities.
            (B)  The  distribution of funds among the judicial districts shall be based on a  formula developed by the office and approved by the Juvenile Judges  Committee of the Arkansas Judicial Council.
      (4)  The  Supreme Court shall adopt standards of practice and qualifications for  service for all attorneys who seek employment or contracts to provide  legal representation to children in dependency-neglect cases.
      (5)    (A)    (i)  In  the transition to a state-funded system of dependency-neglect  representation, it is the intent of the General Assembly to provide an  appropriate and adequate level of representation to all children in  dependency-neglect proceedings as required under federal and state law  pursuant to    9-27-316.
                  (ii)    (a)  It  is recognized by the General Assembly that in many areas of the state,  resources have not been available to support the requirement of  representation for children at the necessary level.
                        (b)  It  is also recognized, however, that in other areas a system has been  developed that is appropriately and successfully serving children and  the courts.
                  (iii)  With the  transition to state funding, it is not the intent of the General  Assembly to adversely affect these systems that are working well or to  put into place a system that is too inflexible to respond to local needs  or restrictions.
            (B)  In its  administration of the system, therefore, the office is charged with the  authority and responsibility to establish and maintain a system that:
                  (i)  Equitably serves all areas of the state;
                  (ii)  Provides quality representation;
                  (iii)  Makes prudent use of state resources; and
                  (iv)  Works  with those systems now in place to provide an appropriate level of  representation of children and courts in dependency-neglect cases.
(c)  The director is authorized to:
      (1)  Establish a statewide court-appointed special advocate program;
      (2)  Provide grants or contracts to local court-appointed special advocate programs; and
      (3)  Work  with judicial districts to establish local programs by which circuit  courts may appoint trained volunteers to provide valuable information to  the courts concerning the best interests of children in  dependency-neglect proceedings.
(d)    (1)  The director is authorized to establish a program to represent indigent parents or guardians in dependency-neglect cases.
      (2)  The  court shall appoint counsel in compliance with federal law,     9-27-316(h), and Supreme Court Administrative Order Number 15 in all  proceedings to remove custody or to terminate parental rights.
      (3)    (A)  When  attorneys are appointed under subdivision (d)(2) of this section,  court-appointed attorney fees and reasonable expenses shall be  reimbursable as set forth in the office reimbursement guidelines that  shall include contracts with attorneys for such fees and reasonable  expenses.
            (B)  Funding for  contracts shall be administered from the state, or funds shall be  provided to the judicial district for the county to administer the  contracts.
            (C)  All contracts shall be paid from funds appropriated for the purpose of this section.
      (4)  When  a court orders the payment of funds for the fees and expenses  authorized by this subsection, the attorney shall transmit a copy of the  order to the office or county authorized to pay the funds.
      (5)  The court may also require the parties to pay all or a portion of the expenses, depending on the ability of the parties to pay.
      (6)  The  office shall establish guidelines to provide a maximum amount of  expenses and fees per hour and per case that will be paid under this  section.
      (7)  In order to ensure  that each judicial district will have an appropriate amount of funds to  utilize indigent parent or guardian representation in dependency-neglect  cases, the funds appropriated shall be apportioned based upon a formula  developed by the office and approved by the committee.
      (8)  The  office shall not be liable directly to any attorney or indirectly to  the Arkansas State Claims Commission for the payment of attorney's fees  or expenses except to the extent specific funding is appropriated and  available for the purpose of providing indigent parent counsel in  dependency-neglect cases.