Right to counsel

Key_development Question_mark

Legislation, Abuse/Neglect/Dependency - Children

Ky. Stat. § 610.060(1)(a) provides:

 

If the Circuit or District Court determines that a formal proceeding is required in the interest of the child ... the court shall, when the child is brought before the court ... Explain to the child and his parents, guardian, or person exercising custodial control their respective rights to counsel and, if the child and his parents, guardian, or person exercising custodial control are unable to obtain counsel, shall appoint counsel for the child, as provided in subsection (2) of this section, and, unless specified to the contrary by other provisions of KRS Chapters 600 to 645, may appoint counsel for the parents, guardian, or person exercising custodial control")


In, B.C. v. B.T., 182 S.W.3d 213, 217 (Ky. Ct. App. 2005), the court made it clear that § 610.060 applies to a dependency proceeding.

Appointment of Counsel: categorical Qualified: no