Indiana

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Indiana Supreme Court declares right to counsel for parents in abuse/neglect cases

03/13/2014

The Indiana Supreme Court clarified that parents have a statutory right to counsel in abuse/neglect cases, and failure to appoint is error.

Appointment of Counsel: categorical Qualified: no

 

Nccrc_involvement_icon NCCRC assisted petitioner and amici with briefs to the Indiana Supreme Court.

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court may appoint counsel for a child in an abuse/neglect proceeding.

Appointment of Counsel: discretionary Qualified: no

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Adult Protective Proceedings - Proposed Ward

Legislation

Key_development Question_mark

Right to counsel

A statute guarantees counsel for indigent respondents in adult protective proceedings.

Appointment of Counsel: categorical Qualified: no

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All Basic Human Needs

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The trial court has discretion to appoint counsel for any indigent litigant in civil cases in certain circumstances.

Appointment of Counsel: discretionary Qualified: no

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

A court must appoint counsel for a minor seeking to bypass parental consent for an abortion, including for the appeal.

Appointment of Counsel: categorical Qualified: no

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

A court arguably must appoint counsel for respondents in certain civil commitment proceedings.

Appointment of Counsel: categorical Qualified: yes

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Child Support Enforcement

Litigation

Key_development Question_mark

Right to counsel

An intermediate court found a federal due process right to counsel for indigent respondents in child support civil contempt proceedings.

Appointment of Counsel: categorical Qualified: yes

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Civil Forfeiture

Legislation

Legislation: civil forfeiture

01/04/2017

This bill would abolish civil forfeiture and provide a right to counsel for criminal forfeiture proceedings.

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Legislation: civil forfeiture

01/03/2017

This bill would require a criminal conviction prior to forfeiture, and would authorize PD's office to represent individual in forfeiture.

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for a respondent in a guardianship proceeding.

Appointment of Counsel: discretionary Qualified: no

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Paternity - Defendant/Respondent

Litigation

Key_development Question_mark

Right to counsel

A court of appeals found a federal due process right to counsel for indigent defendants in state-initiated paternity proceedings.

Appointment of Counsel: categorical Qualified: yes

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Quarantine/Sterilization/Innoculation

Legislation

Key_development Question_mark

Right to counsel - quarantine

A court must appoint counsel for indigent respondents in quarantine cases.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court may appoint counsel for a child in a termination of parental rights proceeding.

Appointment of Counsel: discretionary Qualified: no

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Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

An intermediate court found that the statutory right to counsel in termination of parental rights cases extends to adoptions.

Appointment of Counsel: categorical Qualified: yes

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Litigation

Discretionary appointment of counsel

An appellate court found that due process might require counsel for an indigent litigant in an adoption proceeding.

Appointment of Counsel: discretionary Qualified: yes

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Termination of Parental Rights (State) - Parents

Legislation

Right to counsel of terminations extends to appeals, Indiana Supreme Court says

01/01/2010

The Indiana Supreme Court held the statutory right to counsel for parents in terminations of parental rights cases extends to appeals.

 

Nccrc_involvement_icon The NCCRC assisted with briefing to the Indiana Supreme Court.

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Key_development Question_mark

Right to counsel

Various statutes guarantee counsel for indigent parents in termination of parental rights proceedings, including appeals.

Appointment of Counsel: categorical Qualified: no

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Other Subject Areas

Legislation

Indiana court allows appointment in small claims case

06/03/2013

Indiana Court of Appeals said a trial court's appointment of counsel in small claims case was not improper.

Appointment of Counsel: discretionary Qualified: no

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Key_development Question_mark

Right to counsel - release of confined person's medical records

indigent mental hospital inpatients have a right to counsel for hearings on release of their mental health records for investigative purposes.

Appointment of Counsel: categorical Qualified: no

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Discretionary appointment of counsel - parents generally

The court has the discretionary power to appoint counsel for the parent in “any other proceeding.”

Appointment of Counsel: discretionary Qualified: no

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