Right to counsel

New Jersey , Legislation , Abuse/Neglect/Dependency - Accused Parents

In a child abuse and neglect proceeding, the parents of the child are entitled to appointment of counsel under N. J. Stat. Ann. § 9:6-8.43(a).  The Court shall advise the parent or guardian of his right to retain counsel and an indigent parent may apply for an attorney through the Office of the Public Defender.

In addition, in the preliminary stages of kinship legal guardianship matters where legal representation is being provided by the Public Defender either through its law guardian program or its office of parental representation, N.J. Stat. Ann. § 30:4C-85(2) provides that an indigent parent shall be afforded the same right to legal counsel as in actions under Title 9 and pursuant to N. J. Stat. Ann. § 30:4C-15.4.

Appointment of Counsel: Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.