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20LSO-0100
2020
STATE OF WYOMING
20LSO-0100
Numbered
2.0
HOUSE BILL NO. HB0017
Parent counsel and family preservation.
Sponsored by: Joint Judiciary Interim Committee
A BILL
for
AN ACT relating to children and parents; creating the office of parent counsel; providing for staffing and prescribing duties of the office; creating the parent counsel program; requiring rulemaking; providing for agency and county contributions to the program; creating the family preservation advisory board; prescribing duties of the board; authorizing positions; providing an appropriation; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 14
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14
‑
101 through 14
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14
‑
106 and 14
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14
‑
201 are created to read:
CHAPTER 14
FAMILY PRESERVATION
ARTICLE 1
OFFICE OF PARENT COUNSEL
14
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14
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101.
Office created; definitions.
(a)
The office of parent counsel is created as a separate operating agency as provided in W.S. 9
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2
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1704(d). The office shall provide court
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appointed legal representation to a parent in a termination of parental rights action brought by the state as provided by W.S. 14
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2
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318. The office shall provide court
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appointed legal representation to a parent, guardian or custodian in the following cases and actions:
(i)
Child protection cases as provided by W.S. 14
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3
‑
422;
(ii)
Delinquency cases as provided by W.S. 14
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6
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222;
(iii)
Children in need of supervision cases as provided by W.S. 14
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6
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422.
(b)
As used in this act:
(i)
"Board" means the family preservation board created by W.S. 14
‑
14
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201;
(ii)
"Director" means the director of the office of parent counsel;
(iii)
"Office" means the office of parent counsel;
(iv)
"Parent counsel" means an attorney employed by the office to represent a parent, guardian or custodian under this act, including full
‑
time and part
‑
time employees of the office, independent contractors and volunteer attorneys;
(v)
"The program" means the parent counsel program established under this act;
(vi)
"This act" means W.S. 14
‑
14
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101 through 14
‑
14
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106.
14
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14
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102.
Appointment of director; duties; rulemaking.
(a)
The governor, with the advice and consent of the senate, shall appoint a director of the office who shall serve as the administrative head of the office. Unless sooner removed, the director's term of appointment expires at the end of the term of office of the governor during which he was appointed. The director serves at the pleasure of the governor and may be removed as provided by W.S. 9
‑
1
‑
202. The director shall:
(i)
Be a member in good standing of the Wyoming state bar;
(ii)
Have a minimum of five (5) years of experience as a licensed attorney prior to appointment;
(iii)
Be familiar with the representation of parents in juvenile court or in termination of parental rights cases;
(iv)
Be compensated as determined by the human resources division of the department of administration and information;
(v)
Devote full time to the performance of his duties;
(vi)
Administer the office and program as provided in this act.
(b)
The director shall not engage in private practice except to complete business pending at the time of his appointment.
(c)
In consultation with the board, the director shall:
(i)
Establish a statewide program promoting uniform and quality representation of parents in proceedings affecting child welfare and family preservation;
(ii)
Promulgate rules for the operation of the office and establishing the standards for the legal representation by attorneys acting as parent counsel in cases under the program;
(iii)
Provide for the training of attorneys acting as parent counsel.
(d)
The director shall employ or contract with, supervise and manage attorneys and other staff necessary to perform the duties of the office, subject to legislative appropriation.
14
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14
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103.
Attorneys and staff.
(a)
The director shall employ staff necessary to perform the duties of the office, including staff attorneys, contract attorneys, a fiscal manager and an office manager.
(b)
Attorneys employed by the office as parent counsel shall:
(i)
Serve at the pleasure of the director;
(ii)
Be a member in good standing of the Wyoming state bar;
(iii)
Be compensated as determined by the human resources division of the department of administration and information or by the director if retained under independent contract.
(c)
Attorneys providing parent representation under independent contract are not prohibited from representing other clients or from practicing in other areas of the law.
(d)
Non
‑
attorney employees shall serve at the pleasure of the director and be compensated as determined by the human resources division of the department of administration and information or by the director if retained under independent contract.
14
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14
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104.
Agency and county participation; reimbursement.
(a)
The office shall enter into agreements with each county participating in the program. Agreements shall require counties to comply with all program rules and policies. The agreement shall establish the compensation rate within the county for parent counsel appointed under W.S. 14
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2
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318, 14
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3
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422, 14
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6
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222 or 14
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6
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422. A county may agree with a parent counsel providing services under the program to pay a rate in excess of the rate set for payment by the program. If a county agrees to do so, it shall enter into a separate contract with the parent counsel providing services and shall be responsible and obligated to reimburse the program for one hundred percent (100%) of the
excess amount. The county shall enter into a separate agreement with the office setting out the agreement, the excess rate and the responsibilities and obligations of all parties.
(b)
The office shall pay from the account created by W.S. 14
‑
14
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105 one hundred percent (100%) of the fees for the legal representation of parents under the program.
Participating counties shall reimburse the program an amount equal to not less than twenty
‑
five percent (25%) of the agreed program fees, not less than twenty
‑
five percent (25%) of the program's administrative cost prorated by program funds expended in each county and one hundred percent (100%) of excess rate fees. The program shall invoice the county for its proportionate share. In the event a county does not make payments within ninety (90) days, the state treasurer may deduct the amount from sales tax revenues due to the county from the state and shall credit the amount to the program account.
(c)
In consultation with the director, each county in which parent counsel is employed by or under contract with
the office shall provide adequate space and utility services, other than telephone service, for the use by parent counsel.
(d)
The office shall enter into a memorandum of understanding with the department of family services under which parent counsel will be provided for cases in which the department is required by law or court order to provide counsel to parents. The department shall reimburse the program an amount equal to not less than seventy
‑
five percent (75%) of parent counsel's fees.
14
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14
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105.
Account.
There is created an office of parent counsel account. All reimbursements received under the program and any appropriations to the office shall be deposited to the account. Funds within the account are continuously appropriated to the office for expenditure for the sole purpose of the program.
14
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14
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106.
Applicability.
(a)
This act does not apply to representation of an individual:
(i)
In criminal proceedings;
(ii)
In federal court; or
(iii)
As a plaintiff in a tort or civil rights action.
(b)
Notwithstanding any other provision of law to the contrary, any attorney providing services for the office as parent counsel shall, for matters arising out of such services, be considered a state employee for purposes of coverage and representation under the Wyoming Governmental Claims Act, W.S. 1
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39
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101 through 1
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39
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120, and the state self
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insurance program, W.S. 1
‑
41
‑
101 through 1
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41
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111.
ARTICLE 2
FAMILY PRESERVATION BOARD
14
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14
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201.
Board created; members; expenses.
(a)
There is created a family preservation advisory board. The board is charged with providing advice and guidance to the office of parent counsel and guardian ad litem program to ensure that parents and children are provided quality legal representation in juvenile court and termination of parental rights cases.
(b)
The board shall consist of five (5) voting members as follows:
(i)
Two (2) practicing attorneys;
(ii)
Two (2) members of the judiciary;
(iii)
One (1) lay person.
(c)
The governor shall appoint all voting members of the board.
(d)
Voting members of the board shall serve for four (4) years, except that, of the members first appointed, three (3) shall serve for terms of two (2) years. The governor shall fill any vacancies as they occur.
(e)
No member of the board shall, while serving on the board, be an employee of or contractor with the office of parent counsel as provided in W.S. 14
‑
14
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101 through 14
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14
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106 or be an employee of or contractor with the guardian ad litem program as provided in W.S. 14
‑
12
‑
101 through 14
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12
‑
104.
(f)
The board shall adopt rules for its own procedures. The board shall select a chairman and a vice chairman. The board shall meet as often as necessary to carry out its duties, but in no instance shall it meet less than semiannually.
(g)
The board shall be voluntary and no state funds shall be expended for salary or expenses, except members whose appointment is by virtue of their state employment.
Section 2
.
W.S. 1
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39
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103(a)(iv)(F), 1
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41
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102(a)(v)(D), 9
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2
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1704(d) by creating a new paragraph (xvii), 14
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2
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318(b)(ii), 14
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3
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434(b)(v), 14
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6
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235(b)(v) and 14
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6
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434(b)(v) are amended to read:
1
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39
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103.
Definitions.
(a)
As used in this act:
(iv)
"Public employee":
(F)
Includes contract attorneys in the course of providing contract services for
:
(I)
T
he state public
defenders
defender's
office as provided in W.S. 7
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6
‑
103(k) or 14
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12
‑
104;
and
(II)
The office of parent counsel as provided in W.S. 14
‑
14
‑
101 through 14
‑
14
‑
106.
1
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41
‑
102.
Definitions.
(a)
As used in this act:
(v)
"Public employee" means any officer, employee or servant of the state, provided the term:
(D)
Includes contract attorneys in the course of providing contract services for
:
(I)
T
he state public
defenders
defender's
office as provided in W.S. 7
‑
6
‑
103(k) or 14
‑
12
‑
104;
and
(II)
The office of parent counsel as provided in W.S. 14
‑
14
‑
101 through 14
‑
14
‑
106.
9
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2
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1704.
Reorganization plan; structure; time frame.
(d)
The entities of state government specified in this subsection are designated as separate operating agencies, which are separate and distinct from the departments and offices specified in subsection (a) of this
section because of their quasi
‑
judicial responsibility or because of their unique, specialized function which precludes their inclusion in another department. This act does not otherwise apply to separate operating agencies. Separate operating agencies are as follows:
(xvii)
Office of parent counsel.
14
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2
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318.
Costs of proceedings; appointment of counsel.
(b)
Where petitioner is an authorized agency as defined by W.S. 14
‑
2
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308(a)(ii)(B), it shall pay for the costs of the action. Costs shall include:
(ii)
Attorney's fee for an indigent party
. If the agency had entered into an agreement with the office of parent counsel pursuant to W.S. 14
‑
14
‑
101 through 14
‑
14
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106 and the office was appointed to provide representation, the office of parent counsel shall pay the attorney's fee in accordance with that agreement
;
14
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3
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434.
Fees, costs and expenses.
(b)
The following costs and expenses, when approved and certified by the court to the county treasurer, shall be a charge upon the funds of the county where the proceedings are held and shall be paid by the board of county commissioners of that county:
(v)
Reasonable compensation for services and costs of counsel appointed by the court
. If the county had entered into an agreement with the office of parent counsel pursuant to W.S. 14
‑
14
‑
101 through 14
‑
14
‑
106 and the office was appointed to provide representation, the office of parent counsel shall pay the attorney's fee in accordance with that agreement
;
14
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6
‑
235.
Fees, costs and expenses.
(b)
The following costs and expenses, when approved and certified by the court to the county treasurer, shall be a charge upon the funds of the county where the
proceedings are held and shall be paid by the board of county commissioners of that county:
(v)
Reasonable compensation for services and costs of counsel appointed by the court
. If the county had entered into an agreement with the office of parent counsel pursuant to W.S. 14
‑
14
‑
101 through 14
‑
14
‑
106 and the office was appointed to provide representation, the office of parent counsel shall pay the attorney's fee in accordance with that agreement
;
14
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6
‑
434.
Fees, costs and expenses.
(b)
The following costs and expenses, when approved and certified by the court to the county treasurer, shall be a charge upon the funds of the county where the proceedings are held and shall be paid by the board of county commissioners of that county:
(v)
Reasonable compensation for services and costs of counsel appointed by the court
. If the county had entered into an agreement with the office of parent counsel
pursuant to W.S. 14
‑
14
‑
101 through 14
‑
14
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106 and the office was appointed to provide representation, the office of parent counsel shall pay the attorney's fee in accordance with that agreement
;
Section 3.
(a) There is appropriated four million fifty thousand dollars ($4,050,000.00) from the general fund to the office of parent counsel created by section 1 of this act for the purpose of providing authorized full
‑
time positions, contract attorneys, office space, furniture and supplies for the office of parent counsel as provided by this act. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2022. This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2022.
(b) There are authorized six (6) full
‑
time attorney positions, such contract attorney positions as necessary,
one (1) full
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time office manager position and one (1) full
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time fiscal manager position to the office of parent counsel to implement this act. It is the intent of the legislature that to the extent necessary for the office of parent counsel to maintain the same level of services, only the positions and funding provided in this section be included in the office of parent counsel's standard budget for the immediately succeeding fiscal biennium.
Section 4.
This act is effective July 1, 2020
.
(END)
1
HB0017