Discretionary appointment of counsel

Litigation, Abuse/Neglect/Dependency - Accused Parents

 In In re A.F.-C., 37 P.3d 724, 730 (Mont. 2001), the Montana Supreme Court stated, "we have not held that appointment of counsel is always 'inappropriate' or otherwise precluded during earlier stages of child protective proceedings." The Court held that the determination of whether counsel is required in dependency proceedings that "precede termination proceedings . . . must be determined in view of all of the circumstances."   It then found that the mother at issue, who was also a minor and an abused/neglected youth herself, was entitled to appointed counsel for the dependency proceedings of her child.

Appointment of Counsel: discretionary Qualified: no