(1) (a) The commission may enter into a contract with a parental defense attorney to provide services for an indigent parent who is the subject of a petition alleging abuse, neglect, or dependency, and requires a parental defense attorney under Section 78A-6-1111. (b) Payment for the representation, costs, and expenses of a contracted parental defense attorney shall be made from the Child Welfare Parental Defense Fund in accordance with Section 63M-7-211.2. (c) The parental defense attorney shall maintain the minimum qualifications as provided by this section.

(a) The commission may enter into a contract with a parental defense attorney to provide services for an indigent parent who is the subject of a petition alleging abuse, neglect, or dependency, and requires a parental defense attorney under Section 78A-6-1111.

(b) Payment for the representation, costs, and expenses of a contracted parental defense attorney shall be made from the Child Welfare Parental Defense Fund in accordance with Section 63M-7-211.2.

(c) The parental defense attorney shall maintain the minimum qualifications as provided by this section.

(2) A contracted parental defense attorney shall: (a) adequately prepare for and attend all court hearings, including initial and continued shelter hearings and mediations; (b) fully advise the client of the nature of the proceedings and of the client's rights, communicate to the client any offers of settlement or compromise, and advise the client regarding the reasonably foreseeable consequences of any course of action in the proceedings; (c) be reasonably available to consult with the client outside of court proceedings; (d) where attendance is reasonably necessary, attend meetings regarding the client's case with representatives of one or more of the Division of Child and Family Services, the Office of the Attorney General, or the Office of Guardian Ad Litem; (e) represent the interest of the client at all stages of the proceedings before the trial court, and on appeal as required by law; and (f) participate in the training courses and otherwise maintain the standards described in Subsection (4).

(a) adequately prepare for and attend all court hearings, including initial and continued shelter hearings and mediations;

(b) fully advise the client of the nature of the proceedings and of the client's rights, communicate to the client any offers of settlement or compromise, and advise the client regarding the reasonably foreseeable consequences of any course of action in the proceedings;

(c) be reasonably available to consult with the client outside of court proceedings;

(d) where attendance is reasonably necessary, attend meetings regarding the client's case with representatives of one or more of the Division of Child and Family Services, the Office of the Attorney General, or the Office of Guardian Ad Litem;

(e) represent the interest of the client at all stages of the proceedings before the trial court, and on appeal as required by law; and

(f) participate in the training courses and otherwise maintain the standards described in Subsection (4).

(3) If the commission enters into a contract with a firm to provide parental defense attorney services under this section, the contract shall require that each attorney in the firm who will provide representation of a parent in a child welfare case under the contract perform the duties described in Subsection (2).

(4) (a) Except as otherwise provided in Subsection (4)(b), a contracted parental defense attorney shall: (i) complete a basic training course provided by the program; (ii) have experience in child welfare cases; and (iii) participate each calendar year in continuing legal education courses providing no fewer than eight hours of instruction in child welfare law. (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may, by rule, exempt from the requirements of Subsection (4)(a) an attorney who has equivalent training or adequate experience.

(a) Except as otherwise provided in Subsection (4)(b), a contracted parental defense attorney shall: (i) complete a basic training course provided by the program; (ii) have experience in child welfare cases; and (iii) participate each calendar year in continuing legal education courses providing no fewer than eight hours of instruction in child welfare law.

(i) complete a basic training course provided by the program;

(ii) have experience in child welfare cases; and

(iii) participate each calendar year in continuing legal education courses providing no fewer than eight hours of instruction in child welfare law.

(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may, by rule, exempt from the requirements of Subsection (4)(a) an attorney who has equivalent training or adequate experience.