1.1    .................... moves to amend H.F. No. 829, the second engrossment, as follows:
1.2Page 63, after line 13, insert:

1.3    "Section .... Minnesota Statutes 2006, section 260C.163, subdivision 3, is amended to
1.4read:
1.5    Subd. 3. Appointment of counsel. (a) The child, parent, guardian or custodian has
1.6the right to effective assistance of counsel in connection with a proceeding in juvenile
1.7court.
1.8    (b) Except in proceedings where the sole basis for the petition is habitual truancy, if
1.9the child, parent, guardian, or custodian desires counsel but is unable to employ it, the
1.10court shall appoint counsel to represent the child who is ten years of age or older or the
1.11parents or guardian in any case in which it feels that such an appointment is appropriate
1.12pursuant to section 611.14.
1.13    (c) In any proceeding where the sole basis for the petition is habitual truancy, the
1.14child, parent, guardian, and custodian do not have the right to appointment of a public
1.15defender or other counsel at public expense. However, before any out-of-home placement,
1.16including foster care or inpatient treatment, can be ordered, the court must appoint a public
1.17defender or other counsel at public expense in accordance with paragraph (b) for the child
1.18in accordance with section 611.14, paragraph (a), clause (4).
1.19    (d) Counsel for the child shall not also act as the child's guardian ad litem.
1.20    (e) In any proceeding where the subject of a petition for a child in need of
1.21protection or services is not represented by an attorney, the court shall determine the
1.22child's preferences regarding the proceedings, if the child is of suitable age to express
1.23a preference.
1.24EFFECTIVE DATE.This section is effective January 1, 2008."
1.25Page 63, after line 22, insert:

1.26    "Sec. .... Minnesota Statutes 2006, section 260C.331, subdivision 3, is amended to read:
2.1    Subd. 3. Court expenses. (1) The following expenses are a charge upon the county
2.2in which proceedings are held upon certification of the judge of juvenile court or upon
2.3such other authorization provided by law:
2.4    (a) The fees and mileage of witnesses, and the expenses and mileage of officers
2.5serving notices and subpoenas ordered by the court, as prescribed by law.
2.6    (b) The expense of transporting a child to a place designated by a child-placing
2.7agency for the care of the child if the court transfers legal custody to a child-placing
2.8agency.
2.9    (c) The expense of transporting a minor to a place designated by the court.
2.10    (d) Reasonable compensation for an attorney appointed by the court to serve as
2.11counsel, except in the Eighth Judicial District where the state courts shall pay for counsel
2.12to a guardian ad litem until the recommendations of the task force created in Laws 1999,
2.13chapter 216, article 7, section 42, are implemented. The reimbursement to the Board of
2.14Public Defense for trial court representation of noncustodial parents from the time that
2.15the noncustodial parent is made a party to the child protection or permanent placement
2.16proceedings under section 260C.201, subdivision 11, paragraph (d), clauses (1) to (5).
2.17Compensation for attorney services shall be set at a rate of $60 per hour. Funds collected
2.18by the board shall be deposited in the special revenue fund and are appropriated to the
2.19board and do not cancel.
2.20    (2) The state courts shall pay for guardian ad litem expenses.
2.21EFFECTIVE DATE.This section is effective January 1, 2008."
2.22Page 75, line 14, before "The" insert "(a)"
2.23Page 75, line 26, strike "or"
2.24Page 75, line 28, before the period, insert a semicolon
2.25Page 75, after line 28, insert:
2.26    "(5) a child under ten years of age when the child's misbehavior is the sole basis for
2.27a petition filed by the county attorney and any out-of-home placement including foster
2.28care or inpatient treatment is being sought;
2.29    (6) a custodial parent or parents who are entitled to counsel in trial court under
2.30section 260C.163, subdivision 3, pursuant to a petition filed by a county attorney, or, if
2.31there is no parent, the guardian or the custodian of the child, but in cases governed by
2.32the Indian Child Welfare Act, the district public defender may represent both parents
2.33regardless of whether they have custody of the child, or may represent the guardian or
2.34custodian of the child; or
3.1    (7) a noncustodial parent made a party to a child protection or permanent placement
3.2proceeding under section 260C.201, subdivision 11, paragraph (d), clauses (1) to (5), the
3.3cost of which will be reimbursed under section 260C.331, subdivision 3, paragraph (d).
3.4    (b) The Board of Public Defense must not provide or pay for public defender
3.5services to persons other than those entitled to representation under this section.
3.6EFFECTIVE DATE.This section is effective January 1, 2008."
3.7Page 75, after line 29, insert:

3.8    "Sec. .... Minnesota Statutes 2006, section 611.16, is amended to read:
3.9611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
3.10    Any person described in section 611.14 or any other person entitled by law to
3.11representation by counsel, may at any time request the court in which the matter is pending,
3.12or the court in which the conviction occurred, to appoint a public defender to represent
3.13the person. In a proceeding defined by clause (2) of section 611.14, application for the
3.14appointment of a public defender may also be made to a judge of the Supreme Court.
3.15EFFECTIVE DATE.This section is effective January 1, 2008.

3.16    Sec. .... Minnesota Statutes 2006, section 611.18, is amended to read:
3.17611.18 APPOINTMENT OF PUBLIC DEFENDER.
3.18    If it appears to a court that a person requesting the appointment of counsel satisfies
3.19the requirements of this chapter, the court shall order the appropriate public defender to
3.20represent the person at all further stages of the proceeding through appeal, if any. For a
3.21person appealing from a conviction, or a person pursuing a postconviction proceeding
3.22and who has not already had a direct appeal of the conviction, according to the standards
3.23of sections 611.14 and 611.25, subdivision 1, paragraph (a), clause (2), the state public
3.24defender shall be appointed. For a person covered by section 611.14, paragraph (a), clause
3.25(1), (3), (4), (5), (6), or (7), a district public defender shall be appointed to represent that
3.26person. If (a) conflicting interests exist, (b) the district public defender for any other
3.27reason is unable to act, or (c) the interests of justice require, the state public defender
3.28may be ordered to represent a person. When the state public defender is directed by a
3.29court to represent a defendant or other person, the state public defender may assign the
3.30representation to any district public defender. If at any stage of the proceedings, including
3.31an appeal, the court finds that the defendant is financially unable to pay counsel whom the
3.32defendant had retained, the court may appoint the appropriate public defender to represent
3.33the defendant, as provided in this section. Prior to any court appearance, a public defender
3.34may represent a person accused of violating the law, who appears to be financially unable
3.35to obtain counsel, and shall continue to represent the person unless it is subsequently
4.1determined that the person is financially able to obtain counsel. The representation may
4.2be made available at the discretion of the public defender, upon the request of the person
4.3or someone on the person's behalf. Any law enforcement officer may notify the public
4.4defender of the arrest of any such person.
4.5EFFECTIVE DATE.This section is effective January 1, 2008."
4.6Renumber the sections in sequence and correct the internal references
4.7Amend the title accordingly