Right to counsel

Key_development Question_mark

Legislation, Termination of Parental Rights (State) - Birth Parents

See Ind. Code §§ 31-35-1-12(7) (right to appointed counsel "throughout any proceedings to terminate the parent-child relationship against the will of the parents"), 31-32-4-1 ("[t]he following persons are entitled to be represented by counsel: . . . (2) [a] parent, in a proceeding to terminate the parent-child relationship ..."), 31-32-4-3 ("If: (1) a parent in proceedings to terminate the parent-child 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 ... the juvenile court shall appoint counsel for the parent at the initial hearing or at any earlier time.")


 

The Indiana Supreme Court ruled in September 2010 that the right extends to appeals as a matter of statutory construction, reversing the Indiana Court of Appeals on that point. In re I.B., 933 N.E.2d 1264 (Ind. 2010).


Appointment of Counsel: categorical Qualified: no