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.

Color Key Explanation
Categorical Right To Counsel There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).
Discretionary Appointment Of Counsel Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.
Right Or Appointment Is Qualified The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.
No Such Proceeding This state has no law creating a judicial proceeding of this type.
No Authorization, But Relevant Materials While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.
Other Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

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 an attorney ad litem for children in "child in need of care" (abuse/neglect) proceedings.

Appointment of Counsel: categorical Qualified: yes

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

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 - Protected Person

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 (incomplete)

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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Quarantine/Isolation

Legislation

Key_development Question_mark

Right to Counsel

There is a right to counsel for individuals or groups of individuals contesting an order of isolation or quarantine.

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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Sterilization

Legislation

Key_development Question_mark

Right to counsel

Kansas provides a right to counsel for some but not all sterilization proceedings.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

There is a right to an attorney adl item for children in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: yes

Read more about this

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

Read more about this

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

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Truancy - Petition Against Child

Legislation

Key_development Question_mark

Right to counsel

A child has the right to an attorney-GAL in truancy proceedings (which are treated as child in need of care matters).

Appointment of Counsel: categorical Qualified: no

Read more about this

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