Right to counsel

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

In R.V. v. Com., Dept. for Health and Family Services, 242 S.W.3d 669 (Ky. App. 2007), the Court of Appeals stated that “pursuant to both the due process clause of the Fourteenth Amendment to the United States Constitution and KRS 625.080(3) and 620.100(1), that the parental rights of a child may not be terminated unless that parent has been represented by counsel at every critical stage of the proceedings.”  This suggests the right to counsel is not only statutory, but also constitutional in nature.

Appointment of Counsel: categorical Qualified: yes