2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815t - Juvenile Matters › 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.

(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.
(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; P.A. 19-64, S. 3.)
History: 1969 act specified that judge may provide attorney to represent child “even in the absence of a request to do so” and added provisions re assessment of costs; P.A. 73-188 allowed judge to authorize attorney to represent his assigned client on an appeal to the superior court; P.A. 75-277 added provision making appointment of attorney for child in custody proceeding mandatory; P.A. 75-602 applied provisions to youths; P.A. 76-235 referred to cases where custody of child “is at issue” rather than to cases where custody “may be affected”; P.A. 76-436 replaced reference to juvenile court with reference to juvenile matters and deleted reference to superior court as appeal court, reflecting transfer of juvenile court powers to superior court, effective July 1, 1978; Sec. 17-66c temporarily renumbered as Sec. 51-317 and ultimately transferred to Sec. 46b-136 in 1979; P.A. 07-159 replaced provision re expense paid for by court with provision re expense paid by Commission on Child Protection, added provision re counsel compensation rate established by commission and made technical changes, effective July 1, 2007; P.A. 11-51 substituted “Division of Public Defender Services” for “Commission on Child Protection”, effective July 1, 2011; P.A. 19-64 designated existing provisions re judge in proceeding in juvenile matter to provide attorney to represent child or youth as Subsec. (a), added Subsec. (b)(1) re costs of counsel provided by Division of Public Defender Services in juvenile matter in civil session, designated existing provisions re cost of counsel for party who is found able to pay as Subsec. (b)(2) and amended same to add provision re proceeding in juvenile matter in criminal session, replace “parents, guardian or custodian” with “party”, and add provision re order of reimbursement to Division of Public Defender Services, designated provisions re Division of Public Defender Services to establish rate as Subsec. (c), and made technical and conforming changes, effective July 1, 2019.
Annotations to former section 17-66c:
Cited. 158 C. 439; 168 C. 421.
Annotations to present section:
Where statute mandates assistance of counsel, it is implicit that this means competent counsel. 179 C. 155.
Cited. 10 CA 36; 31 CA 400; judgment reversed, see 230 C. 459. Under this section and Sec. 45a-132, court has broad discretion to appoint counsel and guardians ad litem for minor parties. 76 CA 693.
Cited. 39 CS 400.