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      CHC 1442     


Art. 1442.  Right to counsel

A.  The court shall provide the minor respondent a reasonable opportunity to select his own counsel.  In the event he does not select counsel and is unable to pay for counsel or in the event counsel selected by him refuses to represent said minor or is not available for such representation, then the court shall appoint counsel for him provided by the MHAS.

B.  Reasonable compensation of appointed counsel shall be established by the court and may be ordered paid by the minor respondent or petitioner in the discretion of the court if either is found financially capable.  If it is determined by the court that the costs shall not be borne by the respondent or the petitioner, then compensation to the attorney shall be paid from funds appropriated to the judiciary.

C.  The minor respondent shall have the right to privately retained and paid counsel at any time.  However, all minor respondents must be represented by counsel as early as possible in every proceeding.  If attorneys are available through the MHAS, the court shall contact the MHAS and request the assignment of an attorney who will be appointed.

D.  In cases where the service is unable to provide representation, the court shall select and appoint an attorney to represent the minor respondent, whose fee shall be set by the court.

E.  An attorney appointed by a court to represent a minor respondent pursuant to this Chapter has a continuing duty toward that minor even after admission.  That duty shall include but not be limited to follow-up investigation of the circumstances of the person and representation in subsequent proceedings relating to admission, status, and discharge.  The duty shall continue until it is terminated by the court making the appointment.

Acts 1991, No. 235, §14, eff. Jan. 1, 1992.

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