Discretionary appointment of counsel

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

For termination of parental rights (TPR) proceedings, the court “may appoint an attorney” for indigent parents. Nev. Rev. Stat. § 128.100(2).  Appointed counsel “is entitled to the same compensation and expenses from the county . . . for attorneys appointed to represent persons charged with crimes.” Nev. Rev. Stat. § 128.100(3). 


But "[i]f the parent of an Indian child for whom [TPR] is sought is indigent, the court: (a) Shall appoint an attorney to represent the parent; and (b) May apply to the Secretary of the Interior for the payment of the fees and expenses of” appointed counsel. Nev. Rev. Stat. § 128.023(2); see also § 62D.210(2) (as to proceedings involving placement into foster care).

Appointment of Counsel: discretionary Qualified: no