Attorneys appointed to represent parents or guardians; qualifications and performance. (HB893)

Introduced By

Del. Adele McClure (D-Arlington) with support from co-patron Del. Rozia Henson (D-Woodbridge)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Standards for attorneys appointed to represent parents or guardians; child dependency cases; compensation; multidisciplinary law offices or programs; report. Requires the Judicial Council of Virginia, in conjunction with the Virginia State Bar, beginning July 1, 2026, to adopt standards for the qualification and performance of attorneys appointed to represent a parent or guardian of a child when such child is the subject of a child dependency case, as defined in the bill. The bill also requires the Judicial Council of Virginia, beginning July 1, 2026, to maintain a list of attorneys admitted to practice law in Virginia who are qualified to be appointed to represent indigent parents involved in a child dependency case. Prior to July 1, 2026, counsel must be appointed from the list of attorneys qualified to serve as guardians ad litem. The bill provides that beginning January 1, 2025, court-appointed counsel for a parent, guardian, or other adult in a child dependency case will be compensated in an amount no greater than $330, or in a case for the termination of residual parental rights, $680. The bill authorizes the establishment of up to two multidisciplinary law offices or programs in localities, jurisdictions, or judicial districts that affirm they have met specified criteria for the purpose of representing parents in a child dependency court proceeding or in a child protective services assessment or investigation prior to such proceeding. During any calendar year that such an office or program is in effect for at least six months, the office or program must submit a report on program outcomes, expenses, recommendations, and other pertinent information to the Office of the Children's Ombudsman and the Chairmen of the House Committees for Courts of Justice and on Health and Human Services and Appropriations and the Senate Committees for Courts of Justice and on Education and Health and Finance and Appropriations by November 1. Read the Bill »

Notes

According to the Fiscal Impact Estimates, the bill will have a total impact on the Criminal Fund of $5,609,870 annually. Additionally, there will be costs associated with hiring a new employee, estimated at $100,060 annually, beginning in the second half of FY 2026. There will also be a one-time cost of $739,560 in FY 2026 for system enhancements, with a total of $2.8 million general fund required in FY 2025, $6.4 million general fund required in FY 2026, and $5.7 million general fund required each year thereafter after removing the one-time startup costs and annualizing the cost for one position.

Fiscal impact statement automatically summarized by OpenAI.

Outcome

Bill Has Passed

History

DateAction
01/09/2024Committee
01/09/2024Prefiled and ordered printed; offered 01/10/24 24104502D
01/09/2024Referred to Committee for Courts of Justice
01/29/2024Assigned Courts sub: Civil
01/31/2024House subcommittee amendments and substitutes offered
01/31/2024Subcommittee recommends reporting with substitute (8-Y 0-N)
01/31/2024Subcommittee recommends referring to Committee on Appropriations
02/02/2024Reported from Courts of Justice with substitute (17-Y 2-N) (see vote tally)
02/02/2024Committee substitute printed 24106102D-H1
02/02/2024Referred to Committee on Appropriations
02/05/2024Assigned App. sub: General Government and Capital Outlay
02/09/2024Subcommittee recommends reporting with substitute (7-Y 0-N)
02/09/2024Reported from Appropriations with substitute (20-Y 0-N) (see vote tally)
02/09/2024Committee substitute printed 24107294D-H2
02/11/2024Read first time
02/12/2024Committee substitute rejected 24106102D-H1
02/12/2024Committee substitute agreed to 24107294D-H2
02/12/2024Read second time
02/12/2024Committee on Courts of Justice substitute rejected 24106102D-H1
02/12/2024Committee on Appropriations substitute agreed to 24107294D-H2
02/12/2024Engrossed by House - committee substitute HB893H2
02/13/2024Read third time and passed House (95-Y 3-N)
02/13/2024VOTE: Passage (95-Y 3-N) (see vote tally)
02/14/2024Constitutional reading dispensed
02/14/2024Referred to Committee for Courts of Justice
02/19/2024Impact statement from DPB (HB893H2)
02/26/2024Reported from Courts of Justice (15-Y 0-N) (see vote tally)
02/26/2024Rereferred to Finance and Appropriations
02/28/2024Senate subcommittee amendments and substitutes offered
02/28/2024Reported from Finance and Appropriations with amendments (15-Y 0-N) (see vote tally)
02/29/2024Constitutional reading dispensed (39-Y 0-N) (see vote tally)
03/01/2024Read third time
03/01/2024Committee amendments agreed to
03/01/2024Engrossed by Senate as amended
03/01/2024Passed Senate with amendments (40-Y 0-N) (see vote tally)
03/04/2024Senate amendments rejected by House (3-Y 93-N)
03/04/2024VOTE: REJECTED (3-Y 93-N)
03/05/2024Senate insisted on amendments (40-Y 0-N)
03/05/2024Senate requested conference committee
03/06/2024House acceded to request
03/06/2024Conferees appointed by House
03/06/2024Delegates: McClure, Thomas, Cordoza
03/07/2024Conferees appointed by Senate
03/07/2024Senators: Boysko, Bagby, McDougle
03/08/2024C Amended by conference committee
03/08/2024Conference substitute printed 24109054D-H3
03/08/2024Conference report agreed to by House (99-Y 0-N)
03/08/2024VOTE: Adoption (99-Y 0-N)
03/08/2024Conference report agreed to by Senate (40-Y 0-N)
03/14/2024Impact statement from DPB (HB893H3)
03/25/2024Enrolled
03/25/2024Bill text as passed House and Senate (HB893ER)
03/25/2024Signed by President
03/26/2024Signed by Speaker
03/27/2024Enrolled Bill communicated to Governor on March 27, 2024
03/27/2024G Governor's Action Deadline 11:59 p.m., April 8, 2024
04/04/2024Impact statement from DPB (HB893ER)
04/04/2024G Approved by Governor-Chapter 428 (effective - see bill)
04/04/2024G Acts of Assembly Chapter text (CHAP0428)

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