Virginia

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 cases.

Appointment of Counsel: categorical Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

Children have the right to an attorney-GAL in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: no

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All Basic Human Needs

Legislation

Discretionary appointment of counsel

A court may appoint counsel in any civil case.

Appointment of Counsel: discretionary Qualified: no

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Key_development Question_mark

Right to counsel

A statute requires the court to appoint counsel as GAL for a defendant under disability, rather than staying the case.

Appointment of Counsel: categorical Qualified: yes

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

A minor has a right to counsel upon request in proceedings to bypass the parental consent requirement to have 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 subject of a civil commitment proceeding.

Appointment of Counsel: categorical Qualified: no

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for the subject of a guardianship proceeding.

Appointment of Counsel: discretionary 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 sexually violent predator commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Litigation

Key_development Question_mark

Right to counsel

The Virginia Supreme Court found a federal and state constitutional right to counsel for sexually violent predator confinement 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

Children have the right to an attorney-GAL in a termination of parental rights case.

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

An indigent parent has a right to counsel in contested adoption cases, except if the parent has not visited/seen the child for 6 months.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (State) - Parents

Legislation

Key_development Question_mark

Right to counsel

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

Appointment of Counsel: categorical Qualified: no

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Other Subject Areas

Legislation

Key_development Question_mark

Right to counsel - prisoners where warden requests counsel

Prisoners have a right to counsel if the superintendent or warden requests counsel for them.

Appointment of Counsel: categorical Qualified: yes

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