Right to counsel

Key_development Question_mark

Legislation, Abuse/Neglect/Dependency - Accused Parents

A statute provides counsel for indigent parents at all stages of the proceedings, including at the initial shelter care hearing.  See Wash. Rev. Code §§ 13.34.090 ["Rights under chapter proceedings"]; 13.34.062(2)(b) [as to notice of rights]; and 13.34.065(3)(a)(iii) ["Shelter care--Hearing"] (providing that "If the parent, guardian, or custodian is indigent, the court shall appoint counsel as provided in RCW 13.34.090.").

 

In circumstances where an indigent civil litigant has a statutory right to counsel at all stages of the proceeding (such as for dependency/TPR), that right continues through appeal, including discretionary appeals.  In re Grove, 897 P.2d 1252, 1258-1259 (Wash. 1995) (involving appeal of dependency). 

Appointment of Counsel: categorical Qualified: no