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.  § 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.”  § 128.100(3). 

 

Pursuant to the federal Indian Child Welfare Act (ICWA), courts must appoint counsel to represent indigent parents of an Indian child in TPR proceedings, and “[m]ay apply to the Secretary of the Interior for the payment of the fees and expenses of” appointed counsel.  § 128.023(2)(a), (2)(c); § 62D.210(2)(a), (2)(c).

Cite: Nev. Stat. ยง 128.100(3)

Appointment of Counsel: discretionary Qualified: no