Kansas

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

Right to counsel

There is a right to counsel upon request for indigent parents in "child in need of care" (abuse/neglect) cases.

Appointment of Counsel: categorical Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for children in "child in need of care" (abuse/neglect) proceedings.

Appointment of Counsel: categorical Qualified: no

Read more about this

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 the parental notification requirements for an abortion.

Appointment of Counsel: categorical Qualified: no

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Civil Contempt in Family Court

Litigation

Key_development Question_mark

Right to counsel

An appellate court found a federal constitutional due process right to counsel in civil contempt cases.

Appointment of Counsel: categorical Qualified: yes

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel in civil commitment proceedings, in some cases for both the petitioner and the respondent.

Appointment of Counsel: categorical Qualified: no

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

A court must appoint counsel for the subject of a guardianship or conservatorship.

Appointment of Counsel: categorical Qualified: no

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Involuntary Medical Treatment

Litigation

Key_development Question_mark

Right to counsel - challenging quality of sex offender treatment

05/12/2017

A Kansas appellate court found a due process and equal protection right to counsel for Kansas Sexual Predator Treatment Program concerns.

Appointment of Counsel: categorical Qualified: yes

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Paternity - Defendant/Respondent

Legislation

Key_development Question_mark

Right to counsel

A court must appoint counsel for an indigent respondent in a paternity proceeding.

Appointment of Counsel: categorical Qualified: no

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Paternity - Petitioner or Child

Legislation

Key_development Question_mark

Right to counsel

A Kansas statute sets out the way in which a petitioner in a paternity case can receive legal assistance.

Appointment of Counsel: categorical Qualified: no

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Sexually Dangerous Persons - Commitment

Legislation

Right to counsel

There is a right to counsel for indigent persons in sexually dangerous persons proceedings.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Litigation

Key_development Question_mark

Kansas Supreme Court recognizes right to counsel in sex offender commitment cases

08/17/2012

The Kansas Supreme Court has said there is a right to counsel in sexually violent predator commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for children in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent parents in adoption proceedings, including the appeal.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel

A Kansas appellate court suggested that putative fathers have a due process right to counsel in stepparent adoption cases.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel upon request for indigent parents in termination of parental rights cases, including the appeal.

Appointment of Counsel: categorical Qualified: no

Read more about this

Litigation

Right to counsel

The KS Supreme Court found a due process right to counsel in termination cases, and later, an intermediate court pointed to inherent power.

Appointment of Counsel: categorical Qualified: yes

Read more about this

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