Table of Civil Right-To-Counsel Statutes by State
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Appendix A Table of Civil Right-to-Counsel Statutes by State
“The dispositive question, which must now be addressed, is whether the three Eldridge factors, when weighed against the presumption that there is no right to appointed counsel in the absence of at least a potential deprivation of physical liberty, suffice to rebut that presumption, and thus to lead to the conclusion that the Due Process Clause requires the appointment of counsel when a State seeks to terminate an indigent's parental status. To summarize the above discussion of the Eldridge factors: the parent's interest is an extremely important one (and may be supplemented by the dangers of criminal liability inherent in some termination proceedings); the State shares with the parent an interest in a correct decision, has a relatively weak pecuniary interest, and, in some but not all cases, has a possibly stronger interest in informal procedures; and the complexity of the proceeding and the incapacity of the uncounseled parent could be, but would not always be, great enough to make the risk of an erroneous deprivation of the parent's rights insupportably high.
If, in a given case, the parent's interests were at their strongest, the State's interests were at their weakest, and the risks of error were at their peak, it could not be said that the Eldridge factors did not overcome the presumption against the right to appointed counsel, and that due process did not therefore require the appointment of counsel. But since the Eldridge factors will not always be so distributed, and since "due process is not so rigid as to require that the significant interests in informality, flexibility and economy must always be sacrificed," Gagnon v. Scarpelli, 411 U.S. at 788, neither can we say that the Constitution requires the appointment of counsel in every parental termination proceeding. We therefore adopt the standard found appropriate in Gagnon v. Scarpelli, [p32] and leave the decision whether due process calls for the appointment of counsel for indigent parents in termination proceedings to be answered in the first instance by the trial court, subject, of course, to appellate review. See, e.g., Wood v. Georgia, 450 U.S. 261.”
Lassiter v. Dept. of Social Services, 452 U.S. 18, 31–32 (1981)
State Code When Right-to- Code Language Provision Counsel Attaches Federal 25 U.S.C. § Court may “In any case in which the court determines indigency, the 1912(b) appoint counsel parent or Indian custodian shall have the right to court- (2010) at its discretion appointed counsel in any removal, placement, or termination (when Indian proceeding. The court may, in its discretion, appoint counsel child is involved) for the child upon a finding that such appointment is in the best interest of the child. Where State law makes no provision for appointment of counsel in such proceedings, the court shall promptly notify the Secretary upon appointment of counsel, and the Secretary, upon certification of the presiding judge, shall pay reasonable fees and expenses out of funds which may be appropriated pursuant to section 13 of this title.” Alabama* ALA. CODE § Appointment (a) “Upon request and a finding of indigency, the juvenile 12-15-305 upon request of court may appoint an attorney to represent the petitioner and indigent parent may order recoupment of the fees of the attorney to be paid to the State of Alabama.”
(b) “In dependency and termination of parental rights cases, the respondent parent, legal guardian, or legal custodian shall be informed of his or her right to be represented by counsel and, if the juvenile court determines that he or she is indigent, counsel shall be appointed where the respondent parent, legal guardian, or legal custodian is unable for financial reasons to retain his or her own counsel.” Alaska ALASKA Appointed to .180(h) “The respondent to a petition filed for the termination STAT. § represent during of parental rights on grounds set out in (c)(3) of this section is 25.23.180(h) termination entitled to representation in the proceedings by an attorney. If (based on proceedings the respondent is financially unable to employ an attorney, the website court shall appoint the office of public advocacy to represent updated ’07) the respondent in the proceedings” http://www.legis.state.ak.us/ ALASKA Also appointed STAT. § to parents who .089(i) “A person who [voluntarily] relinquished parental 47.10.089(i) voluntarily rights is entitled to the appointment of an attorney if a hearing relinquished is requested under (g), (h), or (j) of this section to the same rights and who extent as if the parent's rights had not been terminated in a now face certain child-in-need-of-aid proceeding.” review hearings .089(g) is review hearing for “enforcement or modification of or to vacate a privilege retained in the termination order.”
.089(h) is review hearing “to vacate the termination order and reinstate parental rights relating to that child”
.089(j) is review of a privilege retained in termination order and recommended for inclusion in adoption or guardianship decree Arizona ARIZ. REV. Appointed for A. “In all proceedings involving offenses, dependency or STAT. ANN. indigent parent termination of parental rights that are conducted pursuant to § 8-221 entitled to this title and that may result in detention, a juvenile has the counsel, but right to be represented by counsel.” (emphasis added) “entitled to counsel” is not B. “If a juvenile, parent or guardian is found to be indigent explicitly defined and entitled to counsel, the juvenile court shall appoint an in this section attorney to represent the person or persons unless counsel for the juvenile is waived by both the juvenile and the parent or See Daniel Y. v. guardian.” Arizona Dept. of Economic F. “The county board of supervisors may fix a reasonable sum Security, 77 P.3d to be paid by the county for the services of an appointed 55, 58 (Ariz. Ct. attorney.” App. 2003) for determining 8-872.D. “In a proceeding for permanent guardianship, on the circumstances in request of a parent, the court shall appoint counsel for any which parent found to be indigent if the parent is not already parent/guardian represented by counsel. The court may also appoint one for is entitled to the child if a guardian ad litem has not already been counsel appointed.” ARIZ. REV. STAT. ANN. Appoint for http://www.azleg.gov/ § 8-872.D. proceeding for permanent guardianship
**Verify these are most recent; website update date unclear Arkansas Ark. Code Appointed to (h)(1)(A) “In all proceedings to remove custody from a parent Ann. § 9-27- indigent or guardian or to terminate parental rights, the parent or 316 (2011) parents/guardians guardian shall be advised in the dependency-neglect petition in all or the ex parte emergency order and the first appearance proceedings to before the court of the right to be represented by counsel at terminate all stages of the court proceedings and the right to appointed parental rights; counsel if indigent.” (emphasis added) notified of right in dependency- (h)(1)(B) “A court may appoint counsel for the parent or neglect petition guardian from whom custody was removed in the ex parte or ex parte emergency order.” emergency order (h)(2)(A) “Upon request by a parent or guardian from whom custody was removed and a determination by the court of indigence, the court shall appoint counsel for the parent or guardian from whom custody was removed in all circuit court proceedings to remove custody or terminate parental rights of a juvenile.” (emphasis added)
(h)(2)(B) “If the court terminates parental rights, the court shall redetermine if the parent or guardian is indigent and entitled to appointed counsel on appeal only upon request by the parent or guardian and after a hearing to receive evidence, including a new affidavit of indigence.”
http://www.lexisnexis.com/hottopics/arcode/Default.asp California CAL. FAM. Appointed at the 7840. (a) “A petition may be filed under this part for an order CODE § beginning of or judgment declaring a child free from the custody and 7862 proceeding to control of either or both parents . . . .” terminate parental rights if 7860. “At the beginning of the proceeding on a petition filed parents are pursuant to this part, counsel shall be appointed as provided in unable to afford this article. The public defender or private counsel may be counsel appointed as counsel pursuant to this article. . . .”
7862. “If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless that representation is knowingly and intelligently waived.”
317(a)(1) When it appears to the court that a parent or CAL. WELF. Appointed when guardian of the child desires counsel but is presently & INST. CODE parent/guardian financially unable to afford and cannot for that reason employ § 317 cannot afford counsel, the court may appoint counsel as provided in this (2011) council and child section. is out of home or recommended to 317(b) When it appears to the court that a parent or guardian be taken from of the child is presently financially unable to afford and home cannot for that reason employ counsel, and the child has been placed in out-of-home care, or the petitioning agency is recommending that the child be placed in out-of-home care, the court shall appoint counsel for the parent or guardian, unless the court finds that the parent or guardian has made a knowing and intelligent waiver of counsel as provided in this section.
(d) The counsel appointed by the court shall represent the parent, guardian, or child at the detention hearing and at all Appointed subsequent proceedings before the juvenile court. Counsel counsel shall continue to represent the parent, guardian, or child unless represents at relieved by the court detention hearing upon the substitution of other counsel or for cause. The and all representation shall include representing the parent, guardian, subsequent or the child in termination proceedings and in those proceedings proceedings relating to the institution or setting aside of a legal guardianship. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no representation by counsel shall be provided for a parent.
Colorado COLO. REV. Right to (1) “At the first appearance of a respondent parent, guardian, STAT. § 19-3- appointment of or legal custodian, the court shall fully advise such party of 202(1) counsel at every his legal rights, including the right to a jury trial, the right to (2010) stage of be represented by counsel at every stage of the proceedings, proceedings if and the right to seek the appointment of counsel if the party is unable to afford unable financially to secure counsel on his own. . . .” counsel (2) “After a motion for termination of a parent-child legal COLO. REV. Appoint after relationship is filed pursuant to this part 6, the parent or STAT. § 19-3- motion for parents shall be advised of the right to counsel if not already 602(2) termination of represented by counsel of record; and counsel shall be parental rights appointed in accordance with the provisions of section 19-1- 105. The parent or parents shall also be advised that a grandparent, aunt, uncle, brother, or sister of the child must file a request for guardianship and legal custody of the child within twenty days of the filing of the motion. Advisement of right to counsel and the time for a relative to file a request may be done in open court or in a writing served as provided by law for motions and notices in a proceeding under section 19-1-104 (1) (b).”
19-1-105(2) “The right to counsel shall be as provided in this title; except that, in all proceedings under the "School Attendance Law of 1963", article 33 of title 22, C.R.S., the court may appoint counsel or a guardian ad litem for the child, unless the child is already represented by counsel. If the court finds that it is in the best interest and welfare of the child, the court may appoint both counsel and a guardian ad litem. Nothing in this title shall prevent the court from appointing counsel if it deems representation by counsel necessary to protect the interests of the child or other parties. In addition, in all proceedings under the "School Attendance Law of 1963", article 33 of title 22, C.R.S., the court shall make available to the child's parent or guardian ad litem information concerning the truancy process.” Connecticut CONN. GEN. Appoint counsel 717(a) “At the hearing held on any petition for the termination STAT. § 45a- to party to a of parental rights filed in the Court of Probate under section 717 petition to 45a-715, or filed in the Superior Court under section 17a-112, terminate or transferred to the Superior Court from the Court of Probate parental rights under section 45a-715, any party to whom notice was given who cannot shall have the right to appear and be heard with respect to the afford counsel at petition. . . .” time of appearance 717(b) “If a party appears without counsel, the court shall inform such party of the party's right to counsel and upon CONN. GEN. request, if he or she is unable to pay for counsel, shall appoint STAT. §46b- counsel to represent such party. . . .” 135(b) Appoint counsel at 135(b) At the commencement of any proceeding on behalf of commencement a neglected, uncared-for or dependent child or youth, the of proceeding for parent or parents or guardian of the child or youth shall have neglected, the right to counsel, and shall be so informed by the judge, uncared-for or and that if they are unable to afford counsel, counsel will be dependent child provided for them. Delaware DEL. FAM. If qualified as 206(a) “The Court shall notify parents in writing that they CT. R. CIV. unable to afford, may be represented by counsel. The Court shall also notify P. 206 appoint counsel parents in writing of the appointment of counsel in cases of during parent’s indigency [in all proceedings involving dependent, neglected, initial or abused children in the custody of the Department of appearance or Services for Children Youth and Their Families].” another appropriate time 206(b) “A parent seeking the appointment of counsel on the basis of indigency shall complete and submit a motion and affidavit.”
DEL. FAM. 207. “A parent determined by the Court to be indigent may CT. R. CIV. have counsel appointed by the Court during the parent's initial P. 207 appearance on a petition, or such other time as deemed appropriate by the Court.” (listed of factors omitted) District of D.C. CODE § Appoint counsel (b)(1) “When a child is alleged to be neglected or when the Columbia 16-2304 when child termination of the parent and child relationship is under alleged to be consideration, the parent, guardian, or custodian of the child neglected or named in the petition or in a motion to terminate is entitled to parental rights be represented by counsel at all critical stages of the may be proceedings, and, if financially unable to obtain adequate terminated representation, to have counsel appointed in accordance with rules established by the Superior Court of the District of Columbia.” Florida FLA. STAT. Right to .013(1) “All procedures, including petitions, pleadings, ANN. § appointed subpoenas, summonses, and hearings, in this chapter shall be 39.013 counsel at all conducted according to the Florida Rules of Juvenile stages of Procedure unless otherwise provided by law. Parents must be proceedings informed by the court of their right to counsel in dependency proceedings at each stage of the dependency proceedings. Parents who are unable to afford counsel must be appointed counsel.
.013(9)(a) “At each stage of the proceedings under this chapter, the court shall advise the parents of the right to counsel. The court shall appoint counsel for indigent parents. The court shall ascertain whether the right to counsel is understood. When right to counsel is waived, the court shall determine whether the waiver is knowing and intelligent.” FLA. STAT. ANN. § Right to .807(1)(a) “At each stage of the proceeding under this part 39.807 appointed [Part XI: Termination of Parental Rights], the court shall counsel for advise the parent of the right to have counsel present. The termination of court shall appoint counsel for indigent parents.” parental rights Georgia GA. CODE Counsel (b) “If the parent or parents of the child [in any proceeding for ANN. § appointed for terminating parental rights or any rehearing or appeal thereon] 15-11-98 indigent parents desire to be represented by counsel but are indigent, the court (2010) in proceeding to shall appoint an attorney for such parent or parents, which terminate shall be a charge upon the funds of the county upon parental rights certification thereof by the court . . . .” Hawaii HAW. REV. Appoint counsel 587A-17(a) [during child protective hearings] “The court STAT. for indigent may appoint an attorney to represent a legal parent who is § 587A-17 parent in child indigent based on court-established guidelines. The court may (2010) protective also appoint an attorney to represent another indigent party hearings based on court-established guidelines, if it is deemed to be in the child's best interest. Attorneys who are appointed by the court to represent indigent legal parents and other indigent qualifying parties may be paid by the court, unless the legal parent or party for whom counsel is appointed has an independent estate sufficient to pay such fees and costs. The court may order the appropriate legal parent or party to pay or reimburse the fees and costs of an attorney appointed for the child or incapacitated adult.” Idaho IDAHO CODE Appoint in any (1) “In any proceeding under this chapter [Child Protective ANN. § proceeding in Act] the court . . . in appropriate cases shall appoint counsel to 16-1614 appropriate cases represent the guardian, and in appropriate cases, may appoint (2010) separate counsel for the child.”
IDAHO CODE Appoint counsel [for a hearing to terminate parental rights] “The parent or ANN. § at TPR hearing if guardian ad litem shall be notified as soon as practicable after 16-2009 requested the filing of a petition and prior to the start of a hearing of his (2010) right to have counsel, and if counsel is requested and the parent or guardian is financially unable to employ counsel, counsel shall be provided.” Illinois 750 ILL. Appoint counsel (c) “If the [adoption] petition alleges a person to be unfit COMP. STAT. when adoption pursuant to the provisions of subparagraph (p) of paragraph D ANN. § petition alleges of Section 1 of this Act [i.e., ‘inability to discharge parental 50/13B parent to be unfit responsibilities’ supported by competent evidence from a (2010) mental health worker], such person shall be represented by counsel. If such person is indigent or an appearance has not been entered on his behalf at the time the matter is set for hearing, the court shall appoint as counsel for him either the Guardianship and Advocacy Commission, the public defender, or, only if no attorney from the Guardianship and Advocacy Commission or the public defender is available, an attorney licensed to practice law in this State.”
750 ILL. Appoint counsel 405/1-5(1) [in proceedings under the Juvenile Court Act of COMP. STAT. when requested 1987, which governs abused, neglected, and dependent ANN. § in proceedings minors, etc.] “At the request of any party financially unable to 405/1-5 under Juvenile employ counsel, with the exception of a foster parent (2010) Court Act permitted to intervene under this Section, the court shall appoint the Public Defender or such other counsel as the case may require. Counsel appointed for the minor and any indigent party shall appear at all stages of the trial court proceeding, and such appointment shall continue through the permanency hearings and termination of parental rights proceedings subject to withdrawal or substitution pursuant to Supreme Court Rules or the Code of Civil Procedure. Indiana IND. CODE General 31-32-4-1. The following persons are entitled to be § 31-32-4-1 entitlement to represented by counsel: (2010) counsel (1) A child charged with a delinquent act, as provided by IC 31-32-2-2. (2) A parent, in a proceeding to terminate the parent- child relationship, as provided by IC 31-32-2-5. (3) Any other person designated by law.
IND. CODE Right to counsel 31-32-4-3 (a) If: § 31-32-4-3 in TPR (1) a parent in proceedings to terminate the parent-child (2010) proceedings relationship does not have an attorney who may represent the parent without a conflict of interest; and (2) the parent has not lawfully waived the parent's right to counsel under IC 31-32-5 (or IC 31-6-7-3 before its repeal); the juvenile court shall appoint counsel for the parent at the initial hearing or at any earlier time.
Option to 31-32-4-3(b) The court may appoint counsel to represent any appoint in other parent in any other proceeding. cases IND. CODE 31-34-4-6(a)(2) [Parent, guardian, or custodian of child § 31-34-4-6 Right to counsel alleged to be abused or neglected] “has the right to be (2010) when child represented by a court appointed attorney under clause (A) alleged to be upon the request of the parent, guardian, or custodian if the abused or neglected court finds that the parent, guardian, or custodian does not have sufficient financial means for obtaining representation as described in IC 34-10-1.” Iowa IOWA CODE Right to 89(1) “Upon the filing of a [child-in-need-of-assistance] § 232.89 appointed petition the parent, guardian, or custodian identified in the (2010) counsel when petition shall have the right to counsel in connection with all child-in-need subsequent hearings and proceedings. If that person desires petition filed but is financially unable to employ counsel, the court shall appoint counsel.”
IOWA CODE Right to 113(1) “Upon the filing of a [termination of parental rights] § 232.113 appointed petition the parent identified in the petition shall have the right (2010) counsel when to counsel in connection with all subsequent hearings and TPR petition proceedings. If the parent desires but is financially unable to filed employ counsel, the court shall appoint counsel.”
IOWA CODE At hearing to 126 “The court shall appoint counsel for the parent, guardian § 232.126 determine or custodian [at the hearing to determine whether the family is (2010) whether family is a family in need of assistance] if that person desires but is in need of financially unable to employ counsel.” assistance Kansas* KAN. STAT. Right to 2205(b) “A parent of a child alleged or adjudged to be a child ANN. § appointed in need of care may be represented by an attorney, in 38-2205 counsel at first connection with all proceedings under this code [providing for (2011) hearing for child the safety and welfare of children, see § 38-2201]. At the first alleged to be in hearing in connection with proceedings under this code, the **any need of care court shall distribute a pamphlet, designed by the court, to the replacements parents of a child alleged or adjudged to be a child in need of for § 38- care, to advise the parents of their rights in connection with all 1582(d) or proceedings under this code.” -2136(c)? (2205(b)(1) “If at any stage of the proceedings a parent desires but is financially unable to employ an attorney, the court shall appoint an attorney for the parent. It shall not be necessary to appoint an attorney to represent a parent who fails or refuses to attend the hearing after having been properly served with process in accordance with K.S.A. 2010 Supp. 38-2237, and amendments thereto. A parent or custodian who is not a minor, a mentally ill person or a disabled person may waive counsel either in writing or on the record.”
Kentucky KY. REV. Appoint counsel 100(1) “If the court determines, as a result of a temporary STAT. ANN. after temporary removal hearing, that further proceedings are required, the § 620.100 removal hearing court shall advise the child and his parent or other person exercising custodial control or supervision of their right to appointment of separate counsel:” (1)(b) “The court shall appoint separate counsel for the parent who exercises custodial control or supervision if the parent is unable to afford counsel . . .” (1)(c) “The court may, in the interest of justice, appoint separate counsel for a nonparent who exercises custodial control or supervision of the child, if the person is unable to afford counsel . . .”
KY. REV. Right to counsel .080(3) “The parents have the right to legal representation in STAT. ANN. in TPR involuntary termination actions. The Circuit Court shall § 625.080 proceedings determine if the parent is indigent and, therefore, entitled to counsel pursuant to KRS Chapter 31. If the Circuit Court so finds, the Circuit Court shall inform the parent; and, upon request, if it appears reasonably necessary in the interest of justice, the Circuit Court shall appoint an attorney to represent the parent . . .” Louisiana LA. CHILD. Right to counsel 608(A). “The parents of a child who is the subject of a child CODE ANN. in child-in-need in need of care proceeding shall be entitled to counsel, which art. 608 proceeding right may be waived by the parents.”
608(B). “If the parents of a child are financially unable to afford counsel, the court shall appoint counsel, or refer the parents for representation by the district public defender, or any program created by law to provide representation to indigent parents in child abuse and neglect cases and to be administered by the Louisiana Public Defender Board.”
LA. CHILD. Right to counsel 1016(C). “If the court [in a termination of parental rights CODE ANN. in TPR hearing proceeding] determines that the parent is indigent and unable art. 1016 to employ counsel solely for that reason, an attorney shall be appointed to represent the parent in accordance with Article 320.” Maine ME. REV. Right to counsel “Parents and custodians are entitled to legal counsel in child STAT. ANN. in all child protection proceedings, except a request for a preliminary tit. 22, ch. protection protection order under section 4034 or a petition for a medical 1071, proceedings treatment order under section 4071, but including hearings on § 4005(2) except request those orders. They may request the court to appoint legal (2011) for preliminary counsel for them. The court, if it finds them indigent, shall protection order appoint and pay the reasonable costs and expenses of their legal counsel.” Maryland MD. CODE Right to counsel 307(a)(1) “Unless the public defender is required under § 16- ANN., FAM. if parent suffers 204 of the Criminal Procedure Article to provide LAW § 5-307 representation, in a case under Part II [guardianship] or Part (2011) disability III [adoption without prior termination of parental rights] of this subtitle, a juvenile court shall appoint an attorney to represent a parent who: (i) has a disability that makes the parent incapable of effectively participating in the case; or (ii) when a petition for guardianship or adoption is filed or consent to guardianship or adoption is given, is a minor.
307(a)(2) To determine whether a disability makes a parent incapable of effectively participating in a case, a juvenile court, on its own motion or motion of a party, may order examination of the parent.
MD. CODE 813(a) “In general.- Except as provided in subsections (b) and ANN., CTS. & (c) of this section, a party [in children-in-need-of-assistance JUD. PROC. Right to counsel proceedings] is entitled to the assistance of counsel at every § 3-813 in children-in- stage of any proceeding under this subtitle. (2011) need-of- assistance 813(b) Eligible parties.- Except for the local department and proceedings for the child who is the subject of the petition, a party is not indigent or entitled to the assistance of counsel at State expense unless the incompetent party is: (1) Indigent; or (2) Otherwise not represented and: (i) parents Under the age of 18 years; or (ii) Incompetent by reason of mental disability
813(c) Representation by Office of the Public Defender.- The Office of the Public Defender may not represent a party in a CINA proceeding unless the party:
(1) Is the parent or guardian of the alleged CINA;
(2) Applies to the Office of the Public Defender requesting legal representation by the Public Defender in the proceeding; and
(3) Is financially eligible for the services of the Public Defender.” Massachusetts MASS. GEN. Appoint counsel [In care and protection proceedings] “Whenever the LAWS ANN. within 14 days of department or a licensed child placement agency is a party to ch. 119, § 29 filing petition for child custody proceedings, the parent, guardian or custodian (2011) care and of the adult with mental retardation or the child: (i) shall have protection and be informed of the right to counsel at all such hearings, proceedings including proceedings under sections 5 and 14 of chapter 201, and that the court shall appoint counsel if he is financially unable to retain counsel . . . [the] family court and the juvenile court departments of the trial court shall establish procedures for: (i) notifying the parent, guardian or custodian of these rights; and (ii) appointing counsel for an indigent parent, guardian or custodian within 14 days of a licensed child placement agency filing or appearing as a party in any such action.” Michigan MICH. CT. R. Right to (B)(1)(a) [in child protective proceedings] “At respondent's 3.915(B)(1) appointed first court appearance, the court shall advise the respondent of (2011) counsel at any the right to retain an attorney to represent the respondent at hearing after the any hearing conducted pursuant to these rules and that first court (i) the respondent has the right to a court appointed attorney if appearance the respondent is financially unable to retain an attorney, and, (ii) if the respondent is not represented by an attorney, the respondent may request a court-appointed attorney at any later hearing.”
(B)(1)(b) “The court shall appoint an attorney to represent the respondent at any hearing conducted pursuant to these rules if (i) the respondent requests appointment of an attorney, and (ii) it appears to the court, following an examination of the record, through written financial statements, or otherwise, that the respondent is financially unable to retain an attorney.” Minnesota MINN. STAT. Right to (a) The child, parent, guardian or custodian has the right to ANN. appointed effective assistance of counsel in connection with a § counsel for proceeding in juvenile court. 260C.163(3) proceedings in juvenile court (b) Except in proceedings where the sole basis for the petition (2010) unless petition is is habitual truancy, if the child, parent, guardian, or custodian solely based on desires counsel but is unable to employ it, the court shall habitual truancy appoint counsel to represent the child who is ten years of age or older or the parents or guardian in any case in which it feels that such an appointment is appropriate.
(c) In any proceeding where the sole basis for the petition is habitual truancy, the child, parent, guardian, and custodian do not have the right to appointment of a public defender or other counsel at public expense. However, before any out-of-home placement, including foster care or inpatient treatment, can be ordered, the court must appoint a public defender or other counsel at public expense in accordance with paragraph (b).
Mississippi MISS. CODE NO RIGHT TO **The cited statute in the Abel and Rettig article, MISS. CODE. ANN. APPOINTED ANN. § 43-21-201(1), only addressed the child’s right to § 93-15-101 COUNSEL appointed counsel in child-in-need-of-supervision, abuse, through § neglect, and dependency proceedings 93-15-107 (2011) § 93-15-101 et seq. describe the procedures to terminate parental rights but there is no mention of right to counsel, only of the child’s right to GAL
Missouri MO. ANN. Custodian 211(1) “A party is entitled to be represented by counsel in all STAT. entitled to [juvenile court] proceedings.” § 211.211 appointed (2010) counsel in 211(4) “When a petition has been filed and the child's juvenile court custodian appears before the court without counsel, the court proceedings shall appoint counsel for the custodian if it finds: (1) That the custodian is indigent; and (2) That the custodian desires the appointment of counsel; and (3) That a full and fair hearing requires appointment of counsel for the custodian.”
211(6) “Counsel shall serve for all stages of the proceedings, including appeal, unless relieved by the court for good cause shown. If no appeal is taken, services of counsel are terminated following the entry of an order of disposition.”
MO. ANN. Right to 462(2) “The parent or guardian of the person of the child shall STAT. appointed be notified of the right to have counsel, and if they request § 211.462 counsel in TPR counsel and are financially unable to employ counsel, counsel (2010) proceedings after shall be appointed by the court. Notice of this provision shall receiving be contained in the summons. When the parent is a minor or summons incompetent the court shall appoint a guardian ad litem to represent such parent.” Montana MONT. CODE Right to 425(1) Any party involved in a petition filed pursuant to § 41- ANN. appointed 3-422 [abuse and neglect proceedings] has the right to counsel § 41-3-425 council for in all proceedings held pursuant to the petition. (2010) indigent parent in 425(2) Except as provided in subsection (3), the court shall abuse and immediately appoint or have counsel assigned for: (a) any neglect indigent parent, guardian, or other person having legal proceeding custody of a child or youth in a removal, placement, or termination proceeding pursuant to § 41-3-422;”
MONT. CODE Provides for GAL appointment to minor parents in TPR ANN. proceedings § 41-3-607 (2010) Nebraska NEB. REV. Right to (1) “When the [TPR] petition alleges the juvenile to be within STAT. appointed the provisions of subdivision (3)(a) of section 43-247 [neglect, § 43-279.01 counsel upon lack of support, abandonment] or when termination of appearance for parental rights is sought pursuant to subdivision (6) or (7) of TPR petition section 43-247 and the parent or custodian appears with or without counsel, the court shall inform the parties of the: (b) Right to engage counsel of their choice at their own expense or to have counsel appointed if unable to afford to hire a lawyer;”
Nevada NEV. REV. Right to 100(1) “In any proceeding for terminating parental rights, or STAT. appointed any rehearing or appeal thereon, or any proceeding for § 128.100 council in the restoring parental rights, the court may appoint an attorney to (2009) TPR proceeding represent the child as his or her counsel and, if the child does not have a guardian ad litem appointed pursuant to NRS 432B.500, as his or her guardian ad litem. The child may be represented by an attorney at all stages of any proceedings for terminating parental rights. If the child is represented by an attorney, the attorney has the same authority and rights as an attorney representing a party to the proceedings.”
100(2) “If the parent or parents of the child desire to be represented by counsel, but are indigent, the court may appoint an attorney for them.”
NEV. REV. Right to 420(1) “A parent or other person responsible for the welfare STAT. appointed of a child who is alleged to have abused or neglected the child § 432B.420 counsel at all may be represented by an attorney at all stages of any (2009) stages of abuse proceedings under NRS 432B.410 to 432B.590, inclusive. and neglect Except as otherwise provided in subsection 2 [for Indian proceedings parents], if the person is indigent, the court may appoint an attorney to represent the person.”
New N.H. REV. Right to 169-C:10.II(a) “In any case of neglect or abuse brought Hampshire STAT. ANN. appointed pursuant to this chapter, the court shall appoint an attorney to § 169-C:10 counsel for represent an indigent parent alleged to have neglected or indigent parents abused his or her child. In addition, the court may appoint an in abuse and attorney to represent an indigent parent not alleged to have neglect neglected or abused his or her child if the parent is a proceedings, household member and such independent legal representation even if not is necessary to protect the parent's interests. The court shall accused not appoint an attorney to represent any other persons involved in a case brought under this chapter.” (but unconstitutional to bar appointment of counsel for stepparents; see In re Shelby R., 804 A.2d 435 (N.H. 2002)).
N.H. REV. Appointment of 170-C:10 “When termination of the parent-child relationship STAT. ANN. counsel when is sought, the parent shall be notified at the same time notice § 170-C:10 requested in TPR is given pursuant to RSA 170-C:7 [of proceedings to proceeding terminate parental rights] of his right to counsel, and if counsel is requested and the parent is financially unable to employ counsel, counsel shall be provided by the court.”
New Mexico N.M. STAT. Right to 4-10(B) “At the inception of an abuse or neglect proceeding, ANN. § appointed counsel shall be appointed for the parent, guardian or 32A-4-10 counsel at start custodian of the child. The appointed counsel shall represent (2010) of abuse or the parent, guardian or custodian who is named as a party neglect until an indigency determination is made at the custody proceeding, but hearing. Counsel shall also be appointed if, in the court's not TPR discretion, appointment of counsel is required in the interest of justice.” § 32A-4-29 details TPR procedures but does not provide for N.M. STAT. parental right to counsel ANN. § 32A-4-29 (2010) North N.C. GEN. Indigent right to 451(a) “An indigent person is entitled to services of counsel in Carolina STAT. ANN. appointed the following actions and proceedings:” § 7A-451 counsel for abuse (a)(12) “In the case of a juvenile alleged to be abused, (2010) and neglect neglected, or dependent under Subchapter I of Chapter 7B of proceedings and the General Statutes;” TPR proceedings (a)(14) “A proceeding to terminate parental rights where a guardian ad litem is appointed pursuant to G.S. 7B-1101;” (a)(15) “An action brought pursuant to Article 11 of Chapter 7B of the General Statutes to terminate an indigent person's parental rights.”
N.C. GEN. Provisional 602(a) “In cases where the juvenile petition alleges that a STAT. ANN. counsel juvenile is abused, neglected, or dependent, the parent has the § 7B-602 appointed when right to counsel and to appointed counsel in cases of (2010) abuse and indigency unless that person waives the right. When a petition neglect petition is filed alleging that a juvenile is abused, neglected, or is filed; counsel dependent, the clerk shall appoint provisional counsel for each later confirmed parent named in the petition and indicate the appointment on the juvenile summons or attached notice. At the first hearing, the court shall dismiss the provisional counsel if the respondent parent: (1) Does not appear at the hearing; (2) Does not qualify for court-appointed counsel; (3) Has retained counsel; or (4) Waives the right to counsel.
The court shall confirm the appointment of counsel if subdivisions (1) through (4) of this subsection are not applicable to the respondent parent.The court may reconsider a parent's eligibility and desire for appointed counsel at any stage of the proceeding.” N.C. GEN. Provisional STAT. ANN. counsel 1101.1(a) [in TPR proceeding] “The parent has the right to § 7B-602 appointed when counsel, and to appointed counsel in cases of indigency, (2010) TPR petition is unless the parent waives the right. The fees of appointed filed; counsel counsel shall be borne by the Office of Indigent Defense later confirmed Services. When a petition is filed, unless the parent is already represented by counsel, the clerk shall appoint provisional counsel for each respondent parent named in the petition and indicate the appointment on the juvenile summons. At the first hearing after service upon the respondent parent, the court shall dismiss the provisional counsel if the respondent parent: (1) Does not appear at the hearing; (2) Does not qualify for court-appointed counsel; (3) Has retained counsel; or (4) Waives the right to counsel. The court shall confirm the appointment of counsel if subdivisions (1) through (4) of this subsection are not applicable to the respondent parent. The court may reconsider a parent's eligibility and desire for appointed counsel at any stage of the proceeding.” North Dakota N.D. CENT. Indigent right to § 27-20-26 (1) “Except as otherwise provided in this section, a CODE § appointed party who is indigent and unable to employ legal counsel is 27-20-26 counsel at entitled to counsel at public expense at custodial, post- (2009) custodial, post- petition, and informal adjustment stages of proceedings under petition, and this chapter [the Uniform Juvenile Court Act, covering dispositional delinquent, deprived, and unruly children, and terminations of stages of parental rights]. proceedings During the informal adjustment stage of a proceeding only the child, if determined to be indigent, is entitled to counsel at public expense. In proceedings regarding allegations of unruliness or delinquency, a child's parent, legal guardian, or custodian, if determined to be indigent, is entitled to counsel at public expense only during the dispositional stage of the proceedings. If a party appears without counsel the court shall ascertain whether the party knows the party may be represented by counsel and that the party is entitled to counsel at public expense if indigent. The court may continue the proceeding to enable a party to obtain counsel and, subject to this section, counsel must be provided for an unrepresented indigent party upon the party's request.”
N.D. CENT. Right to § 27-20-45 (5) “If a petition for termination of parental rights CODE § appointed is made by a parent of the child under this section or if a 27-20-45 counsel at stages parent consents to termination of parental rights under section (2009) of TPR 27-20-44, that parent is entitled under section 27-20-26 to proceedings legal counsel during all stages of a proceeding to terminate the parent and child relationship.” Ohio OHIO REV. Entitled to “A child, the child’s parents or custodian, or any other person CODE ANN. appointed in loco parentis of the child is entitled to representation by § 2151.352 counsel at all legal counsel at all stages of the proceedings under this (2011) stages of chapter [the Juvenile Code] or Chapter 2152. of the Revised proceedings Code . If, as an indigent person, a party is unable to employ under Juvenile counsel, the party is entitled to have counsel provided for the Code (abuse, person pursuant to Chapter 120. of the Revised Code except in neglect, unruly civil matters in which the juvenile court is exercising child, etc.) jurisdiction pursuant to division (A)(2), (3), (9), (10), (11), (12), or (13); (B)(2), (3), (4), (5), or (6); (C); (D); or (F)(1) or (2) of section 2151.23 of the Revised Code. If a party appears without counsel, the court shall ascertain whether the party knows of the party’s right to counsel and of the party’s right to be provided with counsel if the party is an indigent person. The court may continue the case to enable a party to obtain counsel , to be represented by the county public defender or the joint county public defender , or to be appointed counsel upon request pursuant to Chapter 120. of the Revised Code.” Oklahoma* OKLA. STAT. Right to 24(A)(1). [in dependency, neglect, and TPR proceedings] ANN. tit. 10, appointed “When it appears to the court that a minor or the parent or § 24 (2010) counsel in legal guardian of the minor desires counsel but is indigent and dependency, cannot for that reason employ counsel, the court shall appoint neglect, and TPR counsel.” proceedings 24(A)(2) “In any case in which it appears to the court that there is a conflict of interest between a parent or legal guardian and a child so that one attorney could not properly represent both, the court may appoint counsel, in addition to counsel already employed by a parent or guardian or appointed by the court to represent the minor or parent or legal guardian; provided, that in all counties having county indigent defenders, the county indigent defenders assume the duties of representation in proceedings such as above.”
24(A)(3) “In no case shall the court appoint counsel to represent a grandparent or other relative of a minor, unless the grandparent or other relative is the duly appointed legal guardian of the minor or the court finds: (a) that the grandparent or other relative is functioning as the guardian or relative custodian of the minor pursuant to the Oklahoma Children’s Code, or (b) that the appointment of counsel for the grandparent or other relative is in the best interests of the child.”
24(A)(4) “The provisions of this subsection shall be for proceedings other than those provided pursuant to the Oklahoma Children’s Code.” OKLA. STAT. May be ANN. tit. appointed 306 (A)(1)(a) [In deprivation proceedings and cases in which 10A, § counsel in TPR is a possible remedy] “If a parent or legal guardian of the 1-4-306 emergency child requests an attorney and is found to be indigent, counsel (2010) custody hearing; may be appointed by the court at the emergency custody shall be hearing and shall be appointed if a petition has been filed appointed alleging that the child is a deprived child; provided, that the counsel if court may appoint counsel without such request, if it deems petition alleges representation by counsel necessary to protect the interest of deprivation the parent, legal guardian, or custodian.
(A)(1)(b) “The court shall not be required to appoint an attorney for any person other than a parent, or legal guardian of the child pursuant to the provisions of this paragraph.” OKLA. STAT. Appoint counsel ANN. tit. for putative 2.1(C) [in private petitions for TPR] “When a putative father 10, parent in private or parent appears at the hearing and desires counsel but is § 7505-2.1 TPR petition indigent and cannot for that reason employ counsel, the court (2010) shall appoint counsel. Oregon OR. REV. Appoint counsel 205(1) [in dependency proceedings] “Counsel shall be STAT. in dependency appointed for the parent or legal guardian whenever the nature § 419B.205 proceedings of the proceedings and due process so require, and when the (2009) when nature of parent or legal guardian has been determined by the court to proceedings and be eligible to receive appointed counsel under the standard in due process ORS 135.050 [general eligibility requirements] or the policies, require procedures, standards and guidelines adopted under ORS 151.216 [duties and rules of Public Defenders]. In deciding whether to appoint counsel under this section, the court shall consider the following factors: (a) The duration and degree of invasiveness of the interference with the parent-child relationship that possibly could result from the proceeding; (b) The complexity of the issues and evidence; (c) The nature of allegations and evidence contested by the parent or legal guardian; and (d) The effect the facts found or the disposition in the proceeding may have on later proceedings or events, including but not limited to termination of parental rights or criminal proceedings.”
OR. REV. Appointment of 518(1) [in TPR proceedings] “If the parents are determined to STAT. counsel in TPR be financially eligible, and request the assistance of appointed § 419B.518 proceedings at counsel, the court shall appoint an attorney to represent them (2009) request of at state expense. Appointment of counsel under this section is parents subject to ORS 135.055 [compensation and expenses of appointed counsel], 151.216 [Public Defender duties and rules] and 151.219 [duties of public defense services director].” Pennsylvania 23 PA. CONS. Right to counsel 2313(a)(1) [in adoption proceeding] “The court shall appoint STAT. ANN. in involuntary counsel for a parent whose rights are subject to termination in § 2313 termination an involuntary termination proceeding if, upon petition of the proceeding if parent, the court determines that the parent is unable to pay requested for counsel or if payment would result in substantial financial hardship.”
42 PA. CONS. Right to counsel 6337 [in juvenile matters] “Except as provided in section 6311 STAT. ANN. at all stages of (relating to guardian ad litem for child in court proceedings), a § 6337 proceedings in party is entitled to representation by legal counsel at all stages juvenile matters of any proceedings under this chapter and if he is without financial resources or otherwise unable to employ counsel, to have the court provide counsel for him. If a party appears without counsel the court shall ascertain whether he knows of his right thereto and to be provided with counsel by the court if applicable. The court may continue the proceeding to enable a party to obtain counsel.” Rhode Island R.I. GEN. Right to [Upon the filing of an ex parte abuse or neglect petition, the LAWS § 40- appointed court shall] (4) “Appoint an attorney to represent the parent or 11-7.1(b)(4) counsel when parents or any other person having care of the child alleged to abuse/neglect have abused or neglected a child when the parent or custodian petition filed is unable to afford representation, as determined by the court;” South S.C. CODE Right to 2560(A) “Parents, guardians, or other persons subject to a Carolina* ANN. appointed termination of parental rights action are entitled to legal § 63-7-2560 counsel in TPR counsel. Those persons unable to afford legal representation (2010) proceeding must be appointed counsel by the family court, unless the defendant is in default.”
S.C. CODE Appoint counsel 320(A) “Notwithstanding the provisions of Section 63-9-310, ANN. to indigent and consent or relinquishment for the purpose of adoption is not § 63-9-320 incompetent required of the following persons: (2010) parent in (2) a parent whom the family court finds to be mentally adoption incapable of giving consent or relinquishment for the purpose proceeding of adoption and whom the court finds to be unlikely to provide minimally acceptable care of the adoptee and whose capacity is unlikely to be restored for a reasonable period of time, and, in the court's judgment, it would be detrimental to the adoptee to delay adoption. The court shall appoint a guardian ad litem for an incompetent parent for whom there has been no prior appointment and shall appoint independent counsel for an incompetent parent who is indigent. However, upon good cause shown, the court may waive the requirement for the appointment of independent counsel for an incompetent and indigent parent;” South Dakota S.D. Right to “If the child or the child's parents, guardian, or other custodian CODIFIED appointed requests an attorney in [abuse or neglect] proceedings under LAWS counsel in abuse this chapter or chapter 26-8A, 26-8B, or 26-8C and if the § 26-7A-31 or neglect court finds the party to be without sufficient financial means (2011) proceedings; no to employ an attorney, the court shall appoint an attorney for request necessary the party. The court may appoint an attorney for any child or any party to the proceedings without request of the party if the court deems representation by an attorney necessary to protect the interests of the party.” Tennessee* TENN. R. Right to (e)(2) “At the beginning of the [termination of parental rights] JUV. P. appointed hearing, any party who appears without an attorney shall be § 39-(e)(2) counsel at informed of the right to an attorney, and in the case of an (2010) beginning of indigent respondent an attorney shall be appointed pursuant to TPR hearing Tennessee Supreme Court Rule 13, unless waived by the party. Any such waiver shall be reflected in the record pursuant to Rule 30 of these rules.”
Texas TEX. FAM. Right to .013(a) In a suit filed by a governmental entity in which CODE ANN. appointed termination of the parent-child relationship is requested, the § 107.013 counsel when court shall appoint an attorney ad litem to represent the (2011) suit for TPR is interests of: filed (1) an indigent parent of the child who responds in opposition to the termination; (2) a parent served by citation by publication; (3) an alleged father who failed to register with the registry under Chapter 160 and whose identity or location is unknown; and (4) an alleged father who registered with the paternity registry under Chapter 160, but the petitioner's attempt to personally serve citation at the address provided to the registry and at any other address for the alleged father known by the petitioner has been unsuccessful. .013(c) In a suit filed by a governmental entity requesting temporary managing conservatorship of a child, the court shall appoint an attorney ad litem to represent the interests of an indigent parent of the child who responds in opposition to the suit. TEX. FAM. Discretionary .021(a) In a suit in which the best interests of a child are at CODE ANN. appointment of issue, other than a suit filed by a governmental entity § 107.021 counsel when requesting termination of the parent-child relationship or (2011) best interests of appointment of the entity as conservator of the child, the court child at issue but may appoint one of the following: not in TPR (1) an amicus attorney; proceeding (2) an attorney ad litem; or brought by (3) a guardian ad litem. government (a-1) In a suit requesting termination of the parent-child relationship that is not filed by a governmental entity, the court shall, unless the court finds that the interests of the child will be represented adequately by a party to the suit whose interests are not in conflict with the child's interests, appoint one of the following: (1) an amicus attorney; or (2) an attorney ad litem. .021(b) In determining whether to make an appointment under this section, the court: (1) shall: (A) give due consideration to the ability of the parties to pay reasonable fees to the appointee; and (B) balance the child's interests against the cost to the parties that would result from an appointment by taking into consideration the cost of available alternatives for resolving issues without making an appointment; (2) may make an appointment only if the court finds that the appointment is necessary to ensure the determination of the best interests of the child, unless the appointment is otherwise required by this code; and (3) may not require a person appointed under this section to serve without reasonable compensation for the services rendered by the person. Utah* UTAH CODE Right to (1) (a) “The parents, guardian, custodian, and the minor, if ANN. § 78A- appointed competent, shall be informed that they have the right to be 6-1111 counsel at every represented by counsel at every stage of the [Juvenile Court] (2011) stage of proceedings [including abuse, neglect, and TPR]. They have proceedings the right to employ counsel of their own choice and if any of them requests an attorney and is found by the court to be indigent, counsel shall be appointed by the court, subject to the provisions of this section. The court may appoint counsel without a request if it considers representation by counsel necessary to protect the interest of the minor or of other parties.” Vermont* VT. STAT. Indigent and 201(a) “In a proceeding under this title [Adoption Act] which ANN. incompetent may result in the termination of a relationship of parent and tit. 15A, § 3- right to child, the court shall appoint an attorney for any indigent, 201 (2010) appointed minor, or incompetent person who appears in the proceeding counsel in and whose parental relationship to a child may be terminated, adoption unless the court finds that the minor or incompetent person proceedings has sufficient financial means to hire an attorney, or the indigent person declines to be represented by an attorney.” VT. STAT. ANN. Counsel may be 5306(d) “Notice to other parties. The court shall notify the tit. 33, appointed for following persons of the date and time of the temporary care § 5306 temporary care hearing: [ . . . ] (5) An attorney to represent each parent. The (2010) hearing attorney may be court-appointed in the event the parent is eligible, or may be an attorney who has entered an appearance on behalf of a parent.” VT. STAT. ANN. Counsel shall be 5232 “Counsel shall be assigned under section 5231 of this tit. 13, appointed for title [crimes and criminal procedures; public defenders] to § 5232 parents in represent needy persons in any of the following: [ . . . ] (2010) juvenile court (3) Proceedings arising out of a petition brought in a juvenile proceedings court when the court deems the interests of justice require when interests of representation of either the child or his or her parents or justice so require guardian or both, including any subsequent proceedings arising from an order therein.” Virginia VA. CODE Right to 266D “A judge, clerk or probation officer shall inform the ANN. appointed parent or guardian of his right to counsel prior to the § 16.1-266 counsel for adjudicatory hearing of a petition in which a child is alleged to (2010) hearing for be abused or neglected or at risk of abuse or neglect as abuse, neglect, or provided in subdivision A 2a of § 16.1-241 and prior to a possible loss of hearing at which a parent could be subjected to the loss of parental rights; residual parental rights. In addition, prior to the hearing by the also at discretion court of any case involving any other adult charged with of the court abuse or neglect of a child, this adult shall be informed of his right to counsel. This adult and the parent or guardian shall be given an opportunity to: [ . . . ] 2. If the court determines that the parent, guardian or other adult is indigent within the contemplation of the law pursuant to the guidelines set forth in § 19.2-159, a statement substantially in the form provided by § 19.2-159 and a financial statement shall be executed by such parent, guardian or other adult and the court shall appoint an attorney-at-law to represent him;”
266F. “In all other cases which in the discretion of the court require counsel or a guardian ad litem, or both, to represent the child or children or the parent or guardian, discreet and competent attorneys-at-law may be appointed by the court.” Washington WASH. REV. Right to 32A.160(1) When a proper child in need of services petition CODE ANN. appointed to approve an out-of-home placement is filed . . . the juvenile § 13.32A.160 counsel when court shall: [ . . . ] (b) notify the parent of the right to be (2011) child in need of represented by counsel and, if indigent, to have counsel services petition appointed for him or her by the court;” filed 34.090 (1) “Any party has a right to be represented by an WASH. REV. Right to attorney in all proceedings under this chapter [dependency CODE ANN. appointed and termination of parental rights], to introduce evidence, to § 13.34.090 counsel in all be heard in his or her own behalf, to examine witnesses, to (2011) stages of receive a decision based solely on the evidence adduced at the dependency hearing, and to an unbiased fact finder. proceeding 34.090(2) “At all stages of a proceeding in which a child is alleged to be dependent, the child's parent, guardian, or legal custodian has the right to be represented by counsel, and if indigent, to have counsel appointed for him or her by the court. Unless waived in court, counsel shall be provided to the child's parent, guardian, or legal custodian, if such person (a) has appeared in the proceeding or requested the court to appoint counsel and (b) is financially unable to obtain counsel because of indigency.”
34.092 “At the commencement of the shelter care hearing the WASH. REV. Appointed court shall advise the parties of basic rights as provided in CODE ANN. counsel at RCW 13.34.090 and appoint counsel pursuant to RCW § 13.34.092 commencement 13.34.090 if the parent or guardian is indigent unless counsel (2011) of shelter care has been retained by the parent or guardian or the court finds hearing that the right to counsel has been expressly and voluntarily waived in court.” West Virginia W. VA. CODE Appointed (a) “In any proceeding under the provisions of this article § 49-6-2 counsel for child [child abuse and neglect], the child, his or her or parents and (2010) abuse and his or her legally established custodian or other persons neglect in the standing in loco parentis to him or her shall have the right to initial order be represented by counsel at every stage of the proceedings and shall be informed by the court of their right to be so represented and that if they cannot pay for the services of counsel, that counsel will be appointed. Counsel of the child shall be appointed in the initial order. If the order gives physical custody of the child to the state, the initial order shall appoint counsel for the parents or, if the parents are separated or divorced, the parents or parent or other person or persons standing in loco parentis who had physical custody of the child for the majority of the time in the period immediately preceding the petition: Provided, That such representation shall only continue after the first appearance if the parent or other persons standing in loco parentis cannot pay for the services of counsel. Counsel for other parties shall only be appointed upon request for appointment of counsel. If the requesting parties have not retained counsel and cannot pay for the services of counsel, the court shall, by order entered of record, appoint an attorney or attorneys to represent the other party or parties and so inform the parties.” Wisconsin WIS. STAT. Right to 48.23(2) “Whenever a child is the subject of a proceeding ANN. appointed involving a contested adoption or the involuntary termination § 48.23 counsel for of parental rights, any parent under 18 years of age who (2010) contested appears before the court shall be represented by counsel; but adoption or no such parent may waive counsel. Except as provided in sub. involuntary TPR (2g), a minor parent petitioning for the voluntary termination proceedings of parental rights shall be represented by a guardian ad litem. If a proceeding involves a contested adoption or the involuntary termination of parental rights, any parent 18 years old or older who appears before the court shall be represented by counsel; but the parent may waive counsel provided the court is satisfied such waiver is knowingly and voluntarily made.”
48.23(3) “Except in proceedings under s. 48.13 [regarding children alleged to be in need of protection or services], at any time, upon request or on its own motion, the court may appoint counsel for the child or any party, unless the child or the party has or wishes to retain counsel of his or her own choosing. Except as provided in sub. (2g), the court may not appoint counsel for any party other than the child in a proceeding under s. 48.13.
48.23(4) “[ . . . ] In any situation under sub. (2) [see above], (2g) [Indian parent], or (2m) [expectant mother] in which a parent 18 years of age or over or an adult expectant mother is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent or adult expectant mother is unable to afford counsel in full, or the parent or adult expectant mother so indicates; the court shall refer the parent or adult expectant mother to the authority for indigency determinations specified under § 977.07 (1). In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under §§ 813.122 or 813.125 [for child abuse restraining order or harassment restraining order] to reimburse counsel for the child who is named as the respondent in that petition.”
Wyoming WYO. STAT. Discretion to (b) [in abuse and neglect proceedings] “The court may ANN. appoint counsel appoint counsel for any party when necessary in the interest of § 14-3-211 in abuse and justice.” (2010) neglect proceedings
* Denotes change in code citation from the citation listed in article. Laura Abel & Max Rettig, State Statutes Providing for a Right to Counsel in Civil Cases, CLEARINGHOUSE REV. J. POVERTY L. & POL’Y, 245 (2006) (The Brennan Center for Justice at New York University School of Law).