Utah becomes 27th state to guarantee counsel for parents in private termination cases
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
03/20/2018,
Legislation, Termination of Parental Rights (Private) - Birth Parents
Utah Code § 80-4-106(2)(a) states, "The parties shall be advised of the parties' right to counsel, including the appointment of counsel for a parent or legal guardian facing any action initiated by a private party under this chapter or under Section 78B-6-112 for termination of parental rights."
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
|
The NCCRC submitted supportive testimony as the bill made it through the legislative process.
|
