Minnesota

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

Discretionary appointment of counsel

A statute permits appointment of counsel for parents in CHIPS (abuse/neglect) cases.

Appointment of Counsel: discretionary Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Legislation: children in child welfare proceedings

04/03/2017

Several bills filed clarify that children 10 and over have a right to counsel in child welfare cases, and continue counsel through permanency.

 

Nccrc_involvement_icon NCCRC worked on the drafting language used in these bills.

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Legislation: child counsel in CHIPS cases

02/23/2017

This bill would clarify that children 10 and over have a right to counsel in child welfare cases and continue representation through permanency.

 

Nccrc_involvement_icon The NCCRC assisted with the drafting of this bill.

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Key_development Question_mark

Right to counsel

Some children in abuse/neglect cases have a right to counsel, while appointment is discretionary in other cases.

Appointment of Counsel: categorical Qualified: no

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All Basic Human Needs

Legislation

Key_development Question_mark

Discretionary appointment of counsel - discrimination cases

A statute provides courts with the discretionary power to appoint counsel in a case involving discrimination.

Appointment of Counsel: discretionary Qualified: yes

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Court Rule or Initiative

Minnesota Supreme Court essay contest focuses on civil right to counsel

11/21/2014

The Minnesota Supreme Court Historical Society's 2014 essay contest for high school students was about civil right to counsel.

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for minors bypassing parental notification for abortion that will exist only if the notice provision is enjoined.

Appointment of Counsel: categorical Qualified: yes

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Child Support Enforcement (Civil Contempt)

Litigation

Right to counsel

The Minnesota Supreme Court established a right to counsel in child support civil contempt cases pursuant to its supervisory power.

Appointment of Counsel: categorical Qualified: yes

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Court Rule or Initiative

Key_development Question_mark

Right to counsel

There is a right to counsel in Minnesota child support contempt proceedings where incarceration is a potential outcome.

Appointment of Counsel: categorical Qualified: no

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for respondents in civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the proposed ward in a guardianship proceeding.

Appointment of Counsel: categorical Qualified: no

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Involuntary Medical Treatment

Legislation

Key_development Question_mark

Right to counsel

Any proposed patients subjected to "early intervention" medical treatment are entitled to counsel.

Appointment of Counsel: categorical Qualified: no

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Paternity - Defendant/Respondent

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent parties in paternity proceedings.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel

The Minnesota Supreme Court created a right to counsel in paternity cases brought by the state, pursuant to its supervisory power.

Appointment of Counsel: categorical Qualified: yes

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Paternity - Petitioner or Child

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent parties in paternity proceedings.

Appointment of Counsel: categorical Qualified: no

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Quarantine/Sterilization/Innoculation

Legislation

Key_development Question_mark

Right to counsel - quarantine

There is a right to counsel for indigent litigants in a variety of quarantine or blood testing proceedings.

Appointment of Counsel: categorical Qualified: no

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Sexually Dangerous Persons - Confinement

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel in civil commitments of sexually dangerous persons.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel

A federal court ordered the state of Minnesota to provide counsel in its sexually dangerous person cases.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court may appoint counsel for a child in an adoption case.

Appointment of Counsel: discretionary Qualified: no

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

Some children in termination of parental rights cases have a right to counsel, while appointment is discretionary in other cases.

Appointment of Counsel: categorical Qualified: yes

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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 some birth parents in adoption proceedings.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Discretionary appointment of counsel

Appointment of counsel is discretionary for parents in CHIPS and termination of parental rights cases.

Appointment of Counsel: discretionary Qualified: no

Read more about this

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