HB3658

HB3658: Currently, in adoption matters, indigent non-consenting parents have the right to counsel upon request, as do indigent spouses where a determination of non-parentage is sought. The bill would seemingly narrow the right such that the right attaches only “if the nature of the proceedings and due process so require.”

Currently, in abuse cases, appointment of counsel for parents is discretionary, and the statute specifies factors for the court to consider. See Or. Rev. Stat. Ann. § 419B.205. The bill would amend the statutory factors.
As to children in abuse matters, appointment of counsel is currently mandatory for Indian children. For all other children, appointment is discretionary, and the court is permitted to appoint if the child is “determined to be financially eligible.” However, if a request is made, the court must appoint counsel. The bill would repeal mandatory appointment for Indian children and children for whom a request is made, replacing it with discretionary appointment.

In TPR (State) matters, indigent parents currently have the right to counsel upon request under Or. Rev. Stat. Ann. § 419B.518. The bill would repeal this section. Appointment for parents would seemingly become discretionary, with Or. Rev. Stat. Ann. § 419B.205 controlling.