1.1    .................... moves to amend H. F. No. 1948, the first engrossment, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. 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, 2009.

1.25    Sec. 2. 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 proceedings, or permanent
2.16placement proceedings under section 260C.201, subdivision 11, paragraph (d), clauses
2.17(1) to (5). Compensation for attorney services shall be set at a rate of $60 per hour. The
2.18public defender shall provide itemized billing for time spent related to representation
2.19of noncustodial parents, signed by the attorney and verified by the chief district public
2.20defender, to the county responsible for reimbursement. Funds collected by the board shall
2.21be deposited in the special revenue fund and are appropriated to the board and do not
2.22cancel. The provisions of this paragraph do not apply to the Fourth Judicial District.
2.23    (2) The state courts shall pay for guardian ad litem expenses.
2.24EFFECTIVE DATE.This section is effective January 1, 2009.

2.25    Sec. 3. Minnesota Statutes 2007 Supplement, section 611.14, is amended to read:
2.26611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
2.27    (a) The following persons who are financially unable to obtain counsel are entitled
2.28to be represented by a public defender:
2.29    (1) a person charged with a felony, gross misdemeanor, or misdemeanor including a
2.30person charged under sections 629.01 to 629.29;
2.31    (2) a person appealing from a conviction of a felony or gross misdemeanor, or
2.32a person convicted of a felony or gross misdemeanor, who is pursuing a postconviction
2.33proceeding and who has not already had a direct appeal of the conviction;
2.34    (3) a person who is entitled to be represented by counsel under section 609.14,
2.35subdivision 2 ; or
3.1    (4) a minor ten years of age or older who is entitled to be represented by counsel
3.2under section 260B.163, subdivision 4, or 260C.163, subdivision 3 ;
3.3    (5) a child under ten years of age who commits a delinquent act which is the sole
3.4basis for a petition filed by the county attorney and any out-of-home placement including
3.5foster care or inpatient treatment is being sought;
3.6    (6) a custodial parent or parents who are entitled to counsel in juvenile court under
3.7section 260C.163, subdivision 3, pursuant to a petition filed by a county attorney, or, if
3.8there is no parent, the guardian or the custodian of the child, but in cases governed by
3.9the Indian Child Welfare Act, the district public defender may represent both parents
3.10regardless of whether they have custody of the child, or may represent the guardian or
3.11custodian of the child; or
3.12    (7) a noncustodial parent made a party to a child protection proceeding, or permanent
3.13placement proceeding under section 260C.201, subdivision 11, paragraph (d), clauses
3.14(1) to (5), the cost of which will be reimbursed under section 260C.331, subdivision 3,
3.15paragraph (d).
3.16    (b) The Board of Public Defense must not provide or pay for public defender
3.17services to persons other than those entitled to representation under this section.
3.18EFFECTIVE DATE.This section is effective January 1, 2009.

3.19    Sec. 4. Minnesota Statutes 2006, section 611.16, is amended to read:
3.20611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
3.21    Any person described in section 611.14 or any other person entitled by law to
3.22representation by counsel, may at any time request the court in which the matter is
3.23pending, or the court in which the conviction occurred, to appoint a public defender to
3.24represent the person. In a proceeding defined by clause (2) of section 611.14, paragraph
3.25(a), clause (2), application for the appointment of a public defender may also be made
3.26to a judge of the Supreme Court.
3.27EFFECTIVE DATE.This section is effective January 1, 2009.

3.28    Sec. 5. Minnesota Statutes 2006, section 611.18, is amended to read:
3.29611.18 APPOINTMENT OF PUBLIC DEFENDER.
3.30    If it appears to a court that a person requesting the appointment of counsel satisfies
3.31the requirements of this chapter, the court shall order the appropriate public defender to
3.32represent the person at all further stages of the proceeding through appeal, if any. For a
3.33person appealing from a conviction, or a person pursuing a postconviction proceeding
3.34and who has not already had a direct appeal of the conviction, according to the standards
4.1of sections 611.14, paragraph (a), clause (2), and 611.25, subdivision 1, paragraph (a),
4.2clause (2), the state public defender shall be appointed. For a person covered by section
4.3611.14 , paragraph (a), clause (1), (3), (4), (5), (6), or (7), a district public defender shall be
4.4appointed to represent that person. If (a) conflicting interests exist, (b) the district public
4.5defender for any other reason is unable to act, or (c) the interests of justice require, the state
4.6public defender may be ordered to represent a person. When the state public defender is
4.7directed by a court to represent a defendant or other person, the state public defender may
4.8assign the representation to any district public defender. If at any stage of the proceedings,
4.9including an appeal, the court finds that the defendant is financially unable to pay counsel
4.10whom the defendant had retained, the court may appoint the appropriate public defender
4.11to represent the defendant, as provided in this section. Prior to any court appearance, a
4.12public defender may represent a person accused of violating the law, who appears to be
4.13financially unable to obtain counsel, and shall continue to represent the person unless it
4.14is subsequently determined that the person is financially able to obtain counsel. The
4.15representation may be made available at the discretion of the public defender, upon the
4.16request of the person or someone on the person's behalf. Any law enforcement officer may
4.17notify the public defender of the arrest of any such person.
4.18EFFECTIVE DATE.This section is effective January 1, 2009."
4.19Correct the internal references
4.20Amend the title accordingly