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Arkansas Code Title 9. Family Law § 9-27-704. Power and duties of the Commission for Parent Counsel--Funding Formula--Liability

Current as of March 28, 2024 | Updated by Findlaw Staff

(a)(1) The Commission for Parent Counsel shall enter into contracts with attorneys in order to provide counsel required by the circuit court in certain cases in the juvenile division of circuit court for a parent of a minor subject to a juvenile case.

(2) The Commission for Parent Counsel may employ or enter into independent professional service contracts with attorneys to represent a parent at the trial court level as well as at the appellate level.

(3) The Commission for Parent Counsel shall establish a funding formula to determine how an attorney is paid under this subchapter.

(b)(1) The Commission for Parent Counsel may hire or appoint an executive director who shall hire all staff required to implement this subchapter and shall advertise employment and contract opportunities.

(2) The Executive Director of the Commission for Parent Counsel shall report directly to the Commission for Parent Counsel.

(3)(A) The executive director is authorized to employ or enter into professional service contracts with private individuals or businesses or public agencies to represent all parents in dependency-neglect proceedings.

(B) An attorney obtaining employment or entering into a contract with the Commission for Parent Counsel shall be designated as the provider for representation of parents in dependency-neglect cases in each judicial district.

(C) An attorney appointed to represent a parent in a dependency-neglect proceeding shall comply with Supreme Court Administrative Order No. 15 concerning standards and qualifications.

(4) The executive director is charged with the authority and responsibility to establish and maintain a program that:

(A) Equitably serves all areas of the state;

(B) Provides quality representation; and

(C) Equitably and prudently makes use of state funding and resources.

(c) In order to ensure that each judicial district will have an appropriate amount of funds to utilize for indigent parent or custodian representation in dependency-neglect cases, the funds appropriated under this subchapter shall be apportioned based upon a formula developed by the executive director and approved by the Commission for Parent Counsel.

(d) Neither the Arkansas Public Defender Commission nor the Commission for Parent Counsel is liable directly or indirectly to any attorney or 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.

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Cite this article: FindLaw.com - Arkansas Code Title 9. Family Law § 9-27-704. Power and duties of the Commission for Parent Counsel--Funding Formula--Liability - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-9-family-law/ar-code-sect-9-27-704/

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