Tennessee

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

Courts must appoint an attorney-GAL for children in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: no

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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 adult protective proceeding.

Appointment of Counsel: categorical Qualified: no

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All Basic Human Needs

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court may appoint counsel in any civil case.

Appointment of Counsel: discretionary Qualified: no

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Bar Effort

Tennessee Bar Civil Right to Counsel Event Gets AP Coverage

11/18/2013

The AP covered a civil right to counsel event by the TN Bar and Legal Aid of West TN held on Friday, Nov. 22.

 

Nccrc_involvement_icon The NCCRC helped coordinate Gideon anniversary events around the country, such as this one in Tennessee.

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to cousel

There is a right to counsel upon request for a minor seeking to bypass parental consent for an abortion.

Appointment of Counsel: categorical Qualified: no

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Child Support Enforcement (Civil Contempt)

Litigation

Key_development Question_mark

Right to counsel

A few appellate courts found a federal constitutional right to counsel in civil contempt proceedings.

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 for the 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 Tennessee Supreme Court held that must be appointed in a civil commitment proceeding, presumably under the constitution.

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 upon request for the proposed ward in a guardianship proceeding.

Appointment of Counsel: categorical Qualified: no

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Incarceration for Fees/Fines (incomplete)

Litigation

Key_development Question_mark

Right to counsel

A few appellate courts have recognized a federal constitutional right to counsel in civil contempt 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

Courts must appoint an attorney-GAL for children in termination proceedings.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Tennessee legislature extends right to counsel for parents to adoption proceedings

01/01/2009

The Tennessee legislature amended the code to extend the right to counsel to parents in adoption proceedings.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Birth Parents

Legislation

Right to counsel

There is an arguable statutory right to counsel for parents in state-initiated termination of parental rights cases.

Appointment of Counsel: categorical Qualified: yes

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Court Rule or Initiative

Key_development Question_mark

Right to counsel

Indigent parents have a right to counsel in termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: no

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Other Subject Areas

Legislation

Key_development Question_mark

Right to counsel - truancy

Minors and indigent parents have a right to counsel in truancy proceedings.

Appointment of Counsel: categorical Qualified: yes

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