New Nevada law guarantees counsel for children in abuse/neglect proceedings
While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).
05/31/2017,
Legislation, Abuse/Neglect/Dependency - Children
In 2017, the Nevada Legislature amended Nev. Stat. § 432B.420(1), which previously gave the judge discretion in whether to appoint counsel for a child in an abuse/neglect proceeding, to require such appointment. The amendments also specified that a guardian ad litem appointed for the child cannot be the attorney appointed pursuant to § 432B.420(1).
If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.
categorical
no
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The NCCRC provided some input to the advocacy group that pushed for the legislation.
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