KRS 31.125: Determination of indigency of child's custodian -- Payment for defense of

child -- Exceptions.

(1) If court-appointed counsel has been provided to a juvenile in any proceeding, the

court appointing the counsel shall:

(a) Ascertain who has legal custody of the child; and

(b) Ascertain whether the person who has legal custody of the child is indigent

and would be entitled to representation pursuant to this chapter if the person

having custody of the child were a criminal defendant.

(2) (a) If it is determ ined that the child has two (2) living parents or two (2) living

guardians, the determination made pursuant to paragraph (b) of subsection (1)

of this section shall be made with regard to both parents or both guardians to

the extent practical.

(b) If it is determined that both parents or both guardians of a child before the

court would not qualify for public defense services as an indigent pursuant to

this chapter, then both parents or both guardians shall be ordered to pay for the

defense of the child if i t is practical to bring both parents or guardians before

the court.

(c) If it is determined that one (1) parent or guardian of a child before the court

would not qualify for public defense services as an indigent pursuant to this

chapter, then that parent or guardian shall be ordered to pay for the defense of

the child if it is possible to bring the parent or guardian before the court.

(3) Absent a showing of indigency:

(a) The fact that a child's parents are divorced may relieve a noncustodial parent

of the obligation to pay for defense of the child.

(b) The fact that a child is in the custody of a public agency shall relieve a parent

from paying for the child's defense.

(4) The provisions of this section shall not apply if the parent or guardian was the

victim of the juvenile's alleged criminal act, or if the parent or guardian is the

complainant in the delinquency proceeding.

(5) Subsections (1) to (3) of this section shall not apply to public representation of a

child from the time he would first be entit led to counsel, if an adult, until a

determination of indigency is made as provided in this section.