The court may order the department to pay attorney fees for the child's guardian ad litem or attorney if:
A. the child is in the legal custody of the department;
B. the child's guardian ad litem or the child, through the child's attorney:
(1) requests in writing that the department move for the termination of parental rights;
(2) gives the department written notice that if the department does not move for termination of parental rights, the guardian ad litem or the child, through the child's attorney, intends to move for the termination of parental rights and seek an award of attorney fees;
(3) successfully moves for the termination of parental rights; and
(4) applies to the court for an award of attorney fees; and
C. the department refuses to litigate the motion for the termination of parental rights or fails to act in a timely manner.
History: 1978 Comp., § 32A-4-30, enacted by Laws 1993, ch. 77, § 124; 2005, ch. 189, § 53.
The 2005 amendment, effective June 17, 2005, provided that the court may order the department to pay attorney fees to a child's attorney; in Subsection A, changed "custody" to "legal custody"; and in Subsections B and B(2), added "or the child, through the child's attorney".
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