CHAPTER 581

An Act to amend and reenact § 16.1-178, as amended, of the Code of
Virainia. relating to guardians ad litem of certain children; attorneys
to be appointed in certain cases; compensation of such attorneys.

[H 354]
Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 16.1-173 as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 16.1-173. * (a) In any case in which a child or minor is within
the purview of this law, or subject to the jurisdiction of the court here-
under, except any offense for which the maximum sentence does not
include a sentence of confinement or a case involving child custody,
the court shall, if such child or minor appear for any hearing without
being represented by counsel, appoint an attorney at law to represent him
and provide such child or minor legal representation throughout every
stage of proceeding against him.

The order of appointment of counsel shall be filed with and become
a part of the record of such proceeding. The attorney, so appointed, shall
represent the child or minor at any such hearing and at all other stages
of the proceeding until relieved or replaced in the manner provided by law.

(b) Any child or minor coming within the purview of this law, or
subject to the jurisdiction of the court hereunder, shall be brought before
the court on the first day on which such court sits after the petition is filed.
At that time, the judge shall inform the minor, and his parents or legal
guardian, if there be any, of his right to counsel. Such child or minor, or
his parents or legal guardian, shall be allowed a reasonable opportunity to
employ counsel of their own choice, or, if appropriate, the statement of
indigence provided for in this section shall be executed.

(c) If the child or minor is not represented by counsel, the court
shall ascertain before any hearing, whether or not the child or minor, or
his parents or legal guardian is indigent within the contemplation of law,
and, if the court determines that such is the fact, a statement shall be
executed substantially in form as provided by § 19.1-241.8 of the Code of
Virginia by such child or minor, or his parents or legal guardians; pro-
vided, however, that the minor and his parents, or legal guardian, may
jointly agree, in writing, that counsel may be waived.

Counsel appointed to represent such child or minor shall be
compensated for his services out of the appropriation for criminal charges
nan amount fixed by the court, except that in no event shall the payment
for his services exceed the sum of fifty dollars.

(e) Any person who shall falsely swear or who shall execute the
statement provided for in this section knowing such statement to be false,
shall be guilty of perjury.