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Section 46b-136 – (Formerly Sec. 51-317). Appointment of attorney to represent child or youth and parent or guardian. Payment for the cost of attorney

May 15, 2021 | Connecticut, Family Law

(a) In any proceeding in a juvenile matter, the judge before whom such proceeding is pending shall, even in the absence of a request to do so, provide an attorney to represent the child or youth, the child’s or youth’s parent or parents or guardian, or other person having control of the child or youth, if such judge determines that the interests of justice so require, and in any proceeding in which the custody of a child is at issue, such judge shall provide an attorney to represent the child and may authorize such attorney or appoint another attorney to represent such child or youth, parent, guardian or other person on an appeal from a decision in such proceeding.
(b)

(1) When, under the provisions of this section, the court appoints counsel in a proceeding in a juvenile matter in the civil session and orders the Division of Public Defender Services to provide such counsel, the cost of such counsel shall be shared as agreed to by the Division of Public Defender Services and the Judicial Department. When, under the provisions of this subdivision, the court so appoints counsel for any party who is found able to pay, in whole or in part, the cost thereof, the court shall assess as costs against such party, including any agency vested with the legal custody of the child or youth, the expense incurred and paid by the Division of Public Defender Services and the Judicial Department in providing such counsel, and order reimbursement to the Division of Public Defender Services and the Judicial Department to the extent of the party’s financial ability to do so.
(2) When, under the provisions of this section, the court appoints counsel in a proceeding in a juvenile matter in the criminal session and orders the Division of Public Defender Services to provide such counsel, the cost of such counsel shall be incurred by the Division of Public Defender Services. When, under the provisions of this subdivision, the court so appoints counsel for any party who is found able to pay, in whole or in part, the cost thereof, the court shall assess as costs against such party, including any agency vested with the legal custody of the child or youth, the expense incurred and paid by the Division of Public Defender Services in providing such counsel, and order reimbursement to the Division of Public Defender Services to the extent of the party’s financial ability to do so.
(c) The Division of Public Defender Services shall establish the rate at which counsel provided pursuant to this section shall be compensated.

Conn. Gen. Stat. ยง 46b-136

(1967, P.A. 630, S. 9; 1969, P.A. 794, S. 10; P.A. 73-188; P.A. 75-277; 75-602, S. 6, 13; P.A. 76-235, S. 1, 2; 76-436, S. 24, 681; P.A. 07-159, S. 7; P.A. 11-51, S. 18.)

Amended by P.A. 19-0064,S. 3 of the Connecticut Acts of the 2019 Regular Session, eff. 7/1/2019.
Amended by P.A. 11-0051, S. 18 of the the 2011 Regular Session, eff. 7/1/2011.

Annotations to former section 17-66c: Cited. 158 Conn. 439; 168 C. 421. Annotations to present section: Where statute mandates assistance of counsel, it is implicit that this means competent counsel. 179 Conn. 155. Cited. 10 CA 36; 31 Conn.App. 400; judgment reversed, see 230 Conn. 459. Under this section and Sec. 45a-132, court has broad discretion to appoint counsel and guardians ad litem for minor parties. 76 Conn.App. 693. Cited. 39 Conn.Supp. 400.