HB 598 (2026 Regular Session, Kentucky) – Summary of Key Provisions and Impacts
Purpose and overall intent
- Establishes a new independent state agency, the Department of Family Representation and Advocacy (DFRA), to provide legal representation and related support services to individuals eligible for guardians ad litem or court-appointed counsel.
- Creates a governance structure (Family Representation and Advocacy Commission) to oversee the department, appoint the director, approve policies, and manage budget and independence.
- Aims to secure federal funding (including Title IV-E of the Social Security Act) and coordinate with relevant agencies to support representation for eligible clients.
Core structural changes and organizations
- New Agency: Department of Family Representation and Advocacy (DFRA)
- Purpose: Appoint, compensate, evaluate, and retain attorneys and staff; provide legal representation and supportive services; pursue federal funding.
- Central office: Franklin County; regional offices and an appellate division.
- Financials: All salaries/expenses via warrants drawn by the Justice and Public Safety Cabinet (JPSC) secretary, with director-approved vouchers and budget alignment.
- New Commission: Family Representation and Advocacy Commission
- Responsibilities: Solicit and nominate three directors; develop staff procedures; approve policies; public education to safeguard independence; review and adopted annual budget; oversee director’s appointment/renewal process.
- Composition: 9 Governor-appointed members (diverse backgrounds including advocates, judges, and individuals with lived child welfare experience); ex officio deans of Kentucky law and social work schools; terms largely 4 years; initial terms determined by lottery with staggered lengths (2/3/4 years).
- Governance rules: Quorum, majority voting; director as ex officio non-voting member and secretary; prohibited proxy voting; conflict-of-interest protections; reimbursement for travel; restrictions on who may serve (no CHFS employees, no current judges, certain roles, or those with conflicts or contracts with DFRA).
- Director of the DFRA
- Appointment: From a slate of three attorneys provided by the Commission; must be licensed in Kentucky (or within 1 year of appointment), at least 10 years’ relevant experience, and demonstrable management/exec experience.
- Removal: by the Commission with two-thirds vote after due process.
- Duties: statewide representation system management, regulatory development, standards for contract and staff attorneys, caseload management, supervision of contracts, strategic planning, data collection, annual reporting, and IT/records management.
Operational and programmatic specifics
- Regional structure: At least seven regional offices aligned with Kentucky Supreme Court districts; each region overseen by a regional manager (attorney licensed in Kentucky).
- Appellate function: An appellate division led by a chief appellate attorney to handle appellate work for eligible clients.
- Services and standards: The director may contract with private attorneys, law firms, nonprofit programs, and law school clinics; set training standards; monitor performance; establish caseload protocols; maintain client confidentiality; and implement a grievance process.
- Funding and accounting: Establishment of a Family Representation and Advocacy Fund in the State Treasury; funded via state appropriations, gifts/grants, and federal funds; funds carry forward year to year if unspent.
- Guardian ad litem and counsel: Dept. will appoint GALs and court-appointed counsel upon court request, ensuring court findings of necessity; clerks forward requests to DFRA offices for immediate appointment; may enter agreements with courts to ensure timely delivery of counsel.
Reporting and transparency
- Annual reporting requirement to the Legislative Research Commission by December 31, detailing:
- Number and total spend of contracts with private attorneys/organizations;
- Descriptions of cases using contracted services;
- Totals of contracted providers receiving maximum statutorily defined fees.
Other statutory amendments
- The bill includes broad amendments to KRS 61.510 et seq. (retirement-related definitions) and related sections to accommodate the new agency's structure and personnel, while also adjusting related governance and ethics provisions to reflect the new agency’s independence and administrative placement.
- Section 9 (amendment to KRS 11A.040) updates public servant conflict-of-interest and outside employment rules; a retroactive subsection pertains to certain agricultural policy funds.
Timeline and implementation
- Initial commission appointments: by September 30, 2026, with a lottery to assign initial terms (2/3/4 years).
- The act envisions establishing regional offices and an appellate division, with ongoing development of regulations and procedures by the director and commission.
- Annual reporting begins after establishment, with continued oversight and quarterly potential updates as needed.
Who is affected
- Eligible clients: children and adults who require a guardian ad litem or court-appointed counsel.
- Courts: will request GAL/counsel through DFRA; clerks forward requests to local DFRA offices.
- Attorneys and providers: may contract with DFRA for representation; subject to new standards, fees, and oversight.
- Kentucky retirement/ethics framework: updated to reflect the new agency’s status and personnel requirements.
Notes
- The bill emphasizes independence of DFRA from the Justice and Public Safety Cabinet for policy and advocacy, though administratively attached for support.
- Aims to leverage federal funding and improve consistency and quality of representation across Kentucky's courts, with formalized regional access and an appellate pathway.
