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SB 5761

Developing a schedule for court appointment of attorneys for children and youth in dependency and termination proceedings.

2025-2026 Regular Session Introduced by Noel Frame and 1 co-sponsor

SB 5761 phases in court-appointed counsel for children in dependency/termination cases: 30 counties by 2030, 36 by 2031, full statewide by 2032; funded by budget or void.

Effective date 7/27/2025.
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Bill Summary · SB 5761

Summary: Senate Bill 5761 (SB 5761)

Overview

  • Title: Developing a schedule for court appointment of attorneys for children and youth in dependency and termination proceedings.
  • Purpose: To revise the phased-in statewide schedule for appointing counsel for children and youth in dependency proceedings, and to set conditions for implementation.
  • Sponsors: Senators Frame and Nobles.
  • Status and timing:
    • Introduced February 17, 2025.
    • As amended and passed, effective 90 days after adjournment of the session; the act is null and void unless funded in the budget.
    • Governor signed; Chapter 413, 2025 Laws; effective date July 27, 2025.

Key Provisions and Changes

  • Phase-in schedule (major change from prior law):
    • By 2030: representation must be available in at least 30 counties.
    • By 2031: representation must be available in at least 36 counties.
    • By 2032: full statewide implementation (all counties) required.
  • Timing shift:
    • The amended bill delays full statewide implementation by about four years relative to prior timelines.
    • The phasing is structured to add up to 1,250 new cases per fiscal year prioritized to counties with little or no current assignment of counsel, and those with disparities in dependent populations.
  • Funding condition:
    • The act’s effectiveness hinges on funding in the state budget. If not funded, the bill would be null and void.
  • Operational details (scope preserved from prior framework):
    • Court appointment of an attorney for a child in dependency proceedings (as early as six months after termination petition scenarios, where applicable).
    • The statewide program for children’s legal representation is responsible for developing and overseeing the county-by-county schedule, ensuring standards, training, and oversight.

Who/What Is Affected

  • Primary beneficiaries: Children and youth involved in dependency and termination proceedings who would receive court-appointed counsel.
  • Other stakeholders:
    • Department of Children, Youth, and Families (DCYF)
    • Office of Civil Legal Aid (OCLA)
    • Statewide children's legal representation program
    • County superior and district courts handling dependency/termination cases
    • Parents, guardians, and other parties involved in dependency proceedings

Procedural and Timeline Aspects

  • Background timelines referenced:
    • Prior phased rollout began in 2022 with incremental county targets and aimed for statewide implementation by 2028 (per SB 5805 adjustments in 2024).
  • Legislative path:
    • Passed House and Senate in April 2025 with amendments.
    • Enacted in spring 2025; effective mid-2025 if funded.
  • Compliance and funding:
    • No new ongoing appropriation explicit in the bill; the measure is contingent upon budget funding, making its practical effect dependent on annual budget appropriations.

Practical Implications

  • If funded, counties would progressively expand access to appointed counsel for children, reaching 30 counties by 2030 and 36 by 2031, with full statewide coverage by 2032.
  • If not funded, the act would be void, delaying or halting the intended expansion of counsel for dependent children.

Compiled from official sources — confirm details with the bill’s official record.

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