Ohio

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

Indigent parents have a right to counsel in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

Children have a right to counsel in abuse/neglect proceedings if they are not represented by counsel for their parents.

Appointment of Counsel: categorical Qualified: yes

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Adult Protective Proceedings - Proposed Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the subject of an Ohio adult protective proceeding.

Appointment of Counsel: categorical Qualified: no

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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 a minor seeking to bypass the parental consent requirement for an abortion.

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 the indigent subject of a civil commitment proceeding.

Appointment of Counsel: categorical Qualified: no

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Litigation

Key_development Question_mark

Right to counsel

The Ohio Supreme Court found a federal due process right to counsel in civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Child Support Enforcement

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for an indigent respondent in a child support civil contempt proceeding.

Appointment of Counsel: categorical Qualified: no

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Right to counsel

Several intermediate courts have found a right to counsel in civil contempt proceedings, although others have not.

Appointment of Counsel: categorical Qualified: yes

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Custody Disputes - Children

Court Rule or Initiative

Key_development Question_mark

Discretionary appointment of counsel

A court can appoint counsel for a child in a custody case.

Appointment of Counsel: discretionary Qualified: no

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Domestic Violence - Accused Person

Legislation

Discretionary appointment of counsel

A court may appoint counsel for a juvenile respondent in a protection order proceeding.

Appointment of Counsel: discretionary Qualified: yes

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Discretionary appointment of counsel

For civil protection order petitions against minors, a judge may appoint counsel for the respondent.

Appointment of Counsel: discretionary Qualified: yes

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Litigation

Key_development Question_mark

Right to counsel

An Ohio appellate court found a due process right to counsel for a juvenile respondent in a protection order proceeding.

Appointment of Counsel: categorical Qualified: yes

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Guardianship/Conservatorship of Adults - Ward

Legislation

Ohio Supreme Court extends right to counsel to guardianship review cases

01/01/2012

The Ohio Supreme Court ruled that as a matter of statutory construction, there is a right to counsel in reviews of existing guardianships.

 

Nccrc_involvement_icon The NCCRC helped petitioners with legal research and briefing for the Ohio Supreme Court case.

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Key_development Question_mark

Right to counsel

There is a right to counsel for the subject of a guardianship establishment and review proceeding.

Appointment of Counsel: categorical Qualified: no

 

Nccrc_involvement_icon NCCRC assisted with briefing on the McQueen case.

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Incarceration for fees/fines (incomplete)

Legislation

Key_development Question_mark

Right to counsel

Ohio guarantees counsel whenever a person faces incarceration for violation of a state statute, including the fees/fines statutes.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel

Several intermediate courts have found a right to counsel in civil contempt proceedings, although others have not.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Paternity - Defendant/Respondent

Legislation

Key_development Question_mark

Right to counsel

The Ohio Supreme Court found a state and federal constitutional due process right to counsel for the respondent in paternity proceedings.

Appointment of Counsel: categorical Qualified: no

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Paternity - Petitioner or Child

Legislation

Key_development Question_mark

Discretionary appointment of counsel

Children must be appointed counsel in paternity proceedings if the child's interest conflicts with that of the mother.

Appointment of Counsel: discretionary 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 counsel for children not represented by counsel for the parents.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (State) - Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent parents in termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel

The Ohio Supreme Court found a due process right to counsel in termination of parental rights cases, although the decision may be in question.

Appointment of Counsel: categorical Qualified: yes

Read more about this

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