A BILL TO BE ENTITLED
AN ACT to require counsel appointed to represent parents in termination of parental rights cases or in cases in which the juvenile is alleged to be abused, neglected, or dependent to continue representation during the appeals process.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 7B‑602(a) reads as rewritten:
"(a)	In cases where the juvenile petition alleges that a juvenile is abused, neglected, or dependent, the parent has the right to counsel and to appointed counsel in cases of indigency unless that person waives the right. Notwithstanding any other law to the contrary, in cases of indigency, the counsel appointed to represent the parent during an adjudication or other dispositional proceeding shall continue to represent the parent during any appeal made pursuant to G.S. 7B‑1001."
SECTION 2.  G.S. 7B‑1101 reads as rewritten:
"§ 7B‑1101.  Jurisdiction.
The court shall have exclusive original jurisdiction to hear and determine any petition or motion relating to termination of parental rights to any juvenile who resides in, is found in, or is in the legal or actual custody of a county department of social services or licensed child‑placing agency in the district at the time of filing of the petition or motion. The court shall have jurisdiction to terminate the parental rights of any parent irrespective of the age of the parent. The parent has the right to counsel and to appointed counsel in cases of indigency unless the parent waives the right. Notwithstanding any other law to the contrary, in cases of indigency, the counsel appointed to represent the parent during an adjudication or other dispositional proceeding shall continue to represent the parent during any appeal made pursuant to G.S. 7B‑1113. The fees of appointed counsel shall be borne by the Office of Indigent Defense Services. In addition to the right to appointed counsel set forth above, a guardian ad litem shall be appointed in accordance with the provisions of G.S. 1A‑1, Rule 17, to represent a parent in the following cases:
(1)	Where it is alleged that a parent's rights should be terminated pursuant to G.S. 7B‑1111(6), and the incapability to provide proper care and supervision pursuant to that provision is the result of substance abuse, mental retardation, mental illness, organic brain syndrome, or another similar cause or condition.
(2)	Where the parent is under the age of 18 years.
The fees of the guardian ad litem shall be borne by the Office of Indigent Defense Services when the court finds that the respondent is indigent. In other cases the fees of the court‑appointed guardian ad litem shall be a proper charge against the respondent if the respondent does not secure private legal counsel. Provided, that before exercising jurisdiction under this Article, the court shall find that it would have jurisdiction to make a child‑custody determination under the provisions of G.S. 50A‑201, 50A‑203, or 50A‑204. Provided, further, that the clerk of superior court shall have jurisdiction for adoptions under the provisions of G.S. 48‑2‑100 and Chapter 48 of the General Statutes generally."
SECTION 3.  The Office of Indigent Defense Services shall amend or adopt rules to implement this act.
SECTION 4.  This act becomes effective October 1, 2005, and applies to appeals taken on or after that date.