Right to counsel

Key_development Question_mark

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

I.C. § 16-2009, which is part of Chapter 20 ("Termination of Parental Rights") provides in relevant part that “[the] parent . . . shall be notified as soon as practicable after the filing of a petition and prior to the start of a hearing of his right to have counsel, and if counsel is requested and the parent . . . is financially unable to employ counsel, counsel shall be provided.”  While adoptions are conducted under Chapter 15 and not Chapter 20, I.C. § 16-2007(1) states that for a termination of parental rights proceeding,


[t]he petitioner shall give notice to any person entitled to notice under section 16-1505, Idaho Code [Notice of Adoption Proceedings], the authorized agency having legal custody of the child and the guardian ad litem of the child and of a parent. The petitioner shall give notice to the Idaho department of health and welfare if the petition for termination was not filed in conjunction with a petition for adoption or by an adoption agency licensed by the state of Idaho.


This suggests the adoption and termination proceedings are intertwined.

Appointment of Counsel: categorical Qualified: yes