SB 504

Under current law, in a proceeding involving a contested adoption or an

involuntary termination of parental rights (TPR), a parent who appears before the

court assigned to exercise jurisdiction under the Children's Code (juvenile court)

must be represented by counsel, except that a parent 18 years of age or over may

waive counsel if the juvenile court is satisfied that the waiver is knowingly and

voluntarily made. Current law, however, does not permit a parent under 18 years

of age to waive counsel in a contested adoption or involuntary TPR proceeding.

This bill provides that a parent of any age who has appeared before the juvenile

court in a contested adoption or involuntary TPR proceeding is presumed to have

waived his or her right to counsel and to appear by counsel in the proceeding if the

juvenile court has ordered the parent to appear in person at any or all subsequent

hearings in the proceeding, the parent fails to appear in person as ordered, and the

court finds that the parent's conduct in failing to appear in person was egregious and

without clear and justifiable excuse. Under the bill, failure by a parent to appear in

person at consecutive hearings as ordered is presumed to be conduct that is egregious

and without clear and justifiable excuse. The bill, however, requires a parent who

has waived counsel or who is presumed to have waived counsel to be represented by

counsel in a proceeding to vacate or reconsider a default judgment involuntarily

terminating parental rights.