Law Review and Bar Journal References:

"Constitutional Law: An ad hoc approach to appointment of counsel for indigent parents in deprived child hearings," Tim J. Larson, 21 W.L.J. 386 (1982).

"CASA: A Voice for Children," Derenda Mitchell, 58 J.K.B.A. No. 5, 28, 29 (1989).

"The Effect of Domestic Violence on Parental Rights in Kansas after In re Adoption of A.P.," Amy E. Wilbur, 39 W.L.J. 288 (2000).

Attorney General's Opinions:

Neither a school district nor an educational cooperative may charge fees for costs of conducting educational needs assessments ordered pursuant to K.S.A. 38-1514 or 38-1662. 97-44.

Attorney fees assessed in child in need of care actions are not civil judgments and cannot be collected as such. 1999-61.

CASE ANNOTATIONS

1. Cited; legal obligation of county to provide counsel for indigent defendants charged with misdemeanors, hourly rate allowed examined. Board of Osage County Comm'rs v. Burns, 242 Kan. 544, 546, 747 P.2d 1338 (1988).

2. Requirements before child in need of care petition can be filed inapplicable to proceedings under parentage act (K.S.A. 38-1110 et seq.). In re Marriage of O'Brien, 13 Kan. App. 2d 402, 407, 772 P.2d 278 (1989).

3. Child in need of care proceedings discussed generally, with emphasis on roles of respective parties thereto. In re D.D.P., Jr., 249 Kan. 529, 531, 819 P.2d 1212 (1991).

4. Right of indigent parent to counsel not wholly dependent on request being made hereunder. In re S.R.H., 15 Kan. App. 2d 415, 418, 419, 809 P.2d 1 (1991).

5. Parents' rights of child custody and control protected by due process clause of fourteenth amendment; appointment of counsel for indigent parent, rights; duty of court. In re J.J.B., 16 Kan. App. 2d 69, 72, 73, 818 P.2d 1179 (1991).

6. "Parent" broadly construed to avoid undue limitation on state's power in parental rights termination case. In re A.N.P., 23 Kan. App. 2d 686, 689, 934 P.2d 995 (1997).

7. Where appellant's parental rights were severed but not advised of 30 day period to file appeal, court goes beyond statutory provision for excusable delay to allow appeal based on fundamental fairness. In re T.M.C., 26 Kan. App. 2d 297, 299, 301, 988 P.2d 241 (1999).

8. Mentioned; no statutory requirement for court to advise K.S.A. 60-1507 petitioner of right to appeal. Guillary v. State, 285 Kan. 223, 170 P.3d 403 (2007).

9. Father dismisses court appointed attorney, requests pro se representation then requests counsel on trial day, denial not error. In re J.A.H., 285 Kan. 375, 381, 383, 172 P.3d 1 (2007).

10. Cited in upholding constitutionality of CINC; safeguards against arbitrary enforcement listed. In re A.F., 38 Kan. App. 2d 773, 778, 779, 172 P.3d 66 (2007).