No such proceeding

Idaho , Legislation , Guardianship/Conservatorship of Children - Parent or Guardian

Although no right to counsel for parents was found, see Idaho Code § 15-5-201 et seq., it appears that a court may only “appoint a guardian for an unmarried minor if all parental rights of custody have been terminated by prior court order or upon a finding that the child has been neglected, abused, or abandoned or whose parents are unable to provide a stable home environment.” § 15-5-204(1).

Accordingly, because there appears to be no method of appointing a guardian for a minor child through the probate code absent a separate proceeding having occurred that terminated parental rights, this development is classified as “No such proceeding.”

To learn more about parents’ right to counsel in termination of parental rights matters in other contexts, please see All about Idaho’s repeal of right to counsel for parents.

 

Appointment of Counsel: No Such Proceeding
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.