Major developments

The Nevada Legislature strengthened the right to counsel for protected persons in guardianship cases in several ways.

The NH Legislature enacted a bill in 2017 that requires appointment of counsel prior to incarceration for failure to pay criminal fees/fines.

A 2017 bill strengthened the right to appointed counsel for Minnesota children 10 and over in abuse/neglect cases.

A 2017 bill strengthened the right to appointed counsel for Minnesota children 10 and over in termination of parental rights cases.

A court must appoint counsel for a child in a state-initiated termination proceeding, and may appoint in a private termination.

These bills would have required appointed counsel for foster children who avail themselves of voluntary extended services.

This dead bill would have required an attorney ad litem for a child in conservatorships to continue until the conservatorship ends.

A 2017 law requires appointment of counsel and a guardian ad litem in guardianship cases, rather than counsel acting as a GAL.

A Kansas appellate court found a due process and equal protection right to counsel for Kansas Sexual Predator Treatment Program concerns.

The MA Supreme Court held a trial court may use its equitable powers to appoint counsel for an indigent guardian in a child guardianship case.

This bill would provide a right to counsel for certain owners in civil forfeiture proceedings.

These bills would permit a court to appoint counsel for a third party intervening in a civil forfeiture action.

A 2017 law separates the role of guardian ad litem and attorney for children in custody cases.

A pending Delaware bill would eliminate civil forfeiture and require appointment of counsel in criminal forfeiture proceedings.

A bill passed in 2017 requires parents to be appointed counsel at an emergency ex parte dependency hearing.

Calls to reform civil forfeiture proceedings have come from all sides of the aisle, with legislation filed at the federal and state level.

A 2017 law organizes all collection of criminal debt into contempt proceedings and requires the appointment of counsel.

Several bills would provide a right to counsel for all or certain forfeiture proceedings.

This bill would require appointment of counsel for a child in child protective proceedings who is living with a relative.

Two new articles in the Harvard Law & Policy Review support the right to counsel in debt cases.

Two bills would have provided a right to counsel for parents in private adoption cases, codifying a NJ Supreme Court ruling.

A bill would specify that parents are entitled to appointed counsel early in the child welfare process.

A series of bills would have required appointment of counsel prior to incarceration for failure to pay fines/fees.

The Supreme Court of South Carolina held there is a constitutional right to appointed counsel in sex offender commitment cases.

A bill would have required the public defender to be appointed in civil forfeiture proceedings.

These bills would require appointment of counsel for minor defendants in protection from abuse proceedings.

This bill would eliminate civil forfeiture and requires appointment of counsel for indigent persons opposing forfeiture.

These bills would require appointment of counsel for minor plaintiffs in protection from abuse proceedings.

DHHS' Administration for Children and Families has issued a memo calling for counsel for all parents/children in child welfare cases.

These bills would have provided a right to counsel for prospective adult wards in guardianship proceedings.