"RTC 50-state summary - Abuse/Neglect/Dependency - Children" State,Description,"Establishes right to counsel",Qualified Federal,"Federal legislation requires states to appoint either a court-appointed special advocate or attorney for children in child welfare cases.",yes,Yes Alabama,"Children in dependency and termination of parental rights proceedings are entitled to the services of a guardian ad litem GAL Ala Code 12-15-304 a and this GAL must be a licensed attorney Ala Code 12-15-102 10 See also Ala Code 26-14-11 In every case involving an abused or neglected child which results in a judicial proceeding an attorney shall be appointed to represent the child in such proceedings Such attorney will represent the rights interests welfare and well-being of the child and serve as guardian ad litem for the child The GAL s primary responsibility shall be to protect the best interests of the child Ala Code 12-15-304 a",yes,Yes Alaska,"Previously Child in Need of Aid CINA Rule 12 3 simply provided that counsel for children must be appointed when the court determines that the interests of justice require the appointment The interests of justice language has been replaced with reference to a new rule CINA Rule 12 1 which lists circumstances that trigger mandatory and discretionary appointment Under Rule 12 1 1 the court must appoint counsel for children 10 years of age or older if A The child does not consent to placement in a psychiatric hospital or residential treatment center B The child does not consent to administration of psychotropic medication C The child objects to disclosure of psychotherapy information or records under CINA Rule 9 b D A request for a court order authorizing emergency protective custody has been made under AS 47 10 141 c or E The child is pregnant or has custody of a minor child Under CINA Rule 12 1 2 the court may appoint counsel for children 10 years of age or older if A The child s and guardian ad litem s positions are not aligned on placement family or sibling contact permanency goal case plan or another important issue in the case B The child would benefit from a confidential relationship with an attorney or C The child is not residing in the designated placement The court is obligated to inform the parties of their right to counsel at the first hearing the party attends Children are parties to the proceeding AK R CINA Rule 12 a The right to counsel may be waived by any party if the court determines that the party understands the benefits of counsel and knowingly waives those benefits AK R CINA Rule 12 c",yes,Yes Alaska,"Alaska Stat 47 10 050 says a court may appoint counsel for a child in a CINA case if it appears to the court that the welfare of a child will be promoted by the appointment of an attorney to represent the child Alaska Stat 47 10 010 adds that the court may appoint an attorney to represent the legal interests of the child and may order support from either or both parents",discretionary,No Arizona,"The Arizona Supreme Court found that as a matter of due process it did not specify whether it meant under the state or federal constitution an independent attorney should have been appointed for the children in a case involving temporary custody and dependency See In re Appeal in Yavapai Cty Juvenile Action No J-8545 680 P 2d 146 Ariz 1984 However the court added that due process does not require independent counsel for children in each and every case in which they are involved We hold today that the trial court shall appoint independent counsel upon request of an interested party or sua sponte where such counsel would contribute to promoting the child s best interest by serving an identifiable purpose such as advocating the child s position in the dispute or ensuring that the record be as complete and accurate as possible or it shall state why such appointment is unnecessary",discretionary,No Arizona,"The Arizona legislature established a right to counsel for children in child welfare proceedings all the way through permanency in 2021 S B 1391 55th Leg 1st Reg Sess Ariz 2021 1 In 2022 the statute was expanded further to provide a right to counsel through dismissal S B 1073 55th Leg 2d Reg Sess Ariz 2022 S B 1069 55th Leg 2d Reg Sess Ariz 2022 The right to counsel provision now reads The court shall appoint an attorney for a child in all dependency or termination of parental rights proceedings that are conducted pursuant to this title The court shall appoint the attorney before the first hearing The attorney shall represent the child at all stages of the proceedings and in a dependency proceeding through dismissal Ariz Stat 8-221 A Under the former Ariz Rev Stat Ann 8-221 E the court could order the juvenile s parent or guardian to pay all or part of the costs of the attorney s services if the court found that the parent or guardian had sufficient financial resources However this provision was removed in 2023 by SB 1197 The section also allows the court to appoint an attorney ad litem i n all juvenile court proceedings in which the dependency petition includes an allegation that the juvenile is abused or neglected Ariz Stat 8-221 F If an attorney ad litem is appointed they must meet with the juvenile prior to the preliminary protective hearing if possible or within fourteen days after the preliminary protective hearing Id at G They are also required to meet with the juvenile before all substantive hearings absent a showing of extraordinary circumstances Id Finally in a permanent guardianship proceeding within the context of the child welfare code the court may appoint counsel for the child if a guardian ad litem has not been appointed Ariz Rev Stat Ann 8-872 D However upon the motion to appoint a permanent successor guardian to the original permanent guardian Ariz Rev Stat Ann 8-874 C 2 specifies that the court shall Appoint an attorney for the child and appoint an attorney for the proposed successor guardian if necessary ------------------------------------------ 1 The bill s passage was covered by The Imprint and The Philanthropy Roundtable",yes,No Arkansas,"Ark Code Ann 9-27-401 established a Division of Dependency and Neglect Representation and it refers to the intent of the General Assembly to provide an appropriate and adequate level of representation to all children in dependency-neglect proceedings as required under federal and state law pursuant to 9-27-316 Under state law children are entitled to a best interests attorney ad litem when an dependency-neglect petition is filed Ark Code 9- 27-316 f But for the purpose of making specific determinations in dependency-neglect hearings the court is permitted to consider the juvenile s preferences if they are of a sufficient age and capacity to reason regardless of the juvenile s chronological age See Ark Code 9-27-325 o 2 D in making determinations about supervised or unsupervised visitation Ark Code 9-28-108 e and Ark Code 9-27-355 b 5 in making determinations about placement of the juvenile Although children are entitled to counsel regardless of indigence the fees and expenses for the representation may be assessed against the child and their family if the court finds that they have the ability to pay Ark Code 9-27-316 b 1 - 2",yes,Yes California,"A court must appoint counsel for a child unless it determines there would be no benefit to doing so Cal Wel Inst Code 317 c 1 If a child or nonminor dependent is not represented by counsel the court shall appoint counsel for the child or nonminor dependent unless the court finds that the child or nonminor dependent would not benefit from the appointment of counsel Though timing of appointment is not specified Section d states Counsel shall represent the parent guardian child or nonminor dependent at the detention hearing and at all subsequent proceedings before the juvenile court Cal Wel Inst Code 317 The child s attorney acts as a guardian ad litem Cal Welf Inst Code 317 c 2 The attorney is required to advise the court of the child s wishes if the child is four years of age or older but counsel is not permitted to advocate for return of the child if to the best of the attorney s knowledge return of the child conflicts with the protection and safety of the child 317 e 2 see also Cal Welf Inst Code 16001 9 which is applicable to a ll children placed in foster care either voluntarily or after being adjudged a ward or dependent of the juvenile court pursuant to Section 300 601 or 602 and provides an enumerated list of rights to children including the right to have an attorney appointed to advise the court of the child s wishes and to request a hearing if the child feels their appointed counsel is not acting in their best interest or adequately representing their legal interests emphasis added",discretionary,No Colorado,"Previously Colorado law required appointment of an attorney ad litem to represent all children in abuse neglect cases But in 2022 the law was revised to require the appointment of client-directed counsel for children 12 or older Colorado Revised Statute 19-3-203 1 specifies that Upon the filing of a petition under section 19-3-502 that alleges abuse or neglect of a minor child the court shall appoint a guardian ad litem for any child who is under twelve years of age The guardian ad litem must be an attorney-at-law licensed to practice in Colorado and approved by the Office of the Child s Representative created in Section 13-91-104 Then 19-3-203 2 specifies Upon the filing of a petition pursuant to section 19-3-502 that alleges abuse or neglect of a child the court shall appoint counsel for youth for any child or youth who is twelve years of age or older The counsel for youth must be an attorney-at-law licensed to practice in colorado and approved by the office of the child s representative created in section 13-91-104 the court may appoint the same attorney as long as the attorney does not assert there is a conflict of interest as defined under the applicable rules of professional conduct to represent the best interests of younger siblings who are under twelve years of age as a guardian ad litem and to represent youth in the sibling group who are twelve years of age or older as a counsel for youth Until the court s jurisdiction is terminated appointment of counsel for youth pursuant to this section continues A child s or youth s right to counsel may not be waived nothing in this section limits the power of the court to appoint counsel for youth prior to the filing of a petition for good cause Additionally 2022 legislation added Colo Rev Stat 19-7-309 5 1 which provides that when a youth voluntarily seeks extended foster care the youth must be appointed counsel for the hearing to establish such extended care",yes,Yes Connecticut,"Right to Counsel for Children Generally For children in abuse neglect proceedings Conn Gen Stat Ann 46b-129 c states The preliminary hearing on the order of temporary custody or order to appear or the first hearing on a petition filed pursuant to subsection a of this section shall be held in order for the court to 2 Ensure that an attorney and where appropriate a separate guardian ad litem has been appointed to represent the child or youth in accordance with subsection b of section 51-296a public defender code and sections 46b-129a and 46b-136 Section 46b-136 specifies that in any proceeding in which the custody of a child is at issue such judge shall provide an attorney to represent the child and may authorize such attorney or appoint another attorney to represent such child on an appeal from a decision in such proceeding Additionally 46b-129a 2 adds A A child shall be represented by counsel knowledgeable about representing such children who shall be assigned to represent the child by the office of Chief Public Defender or appointed by the court if there is an immediate need for the appointment of counsel during a court proceeding The court shall give the parties prior notice of such assignment or appointment Counsel for the child shall act solely as attorney for the child B If a child requiring assignment of counsel in a proceeding under section 46b-129 is represented by an attorney for a minor child in an ongoing probate or family matter proceeding the court may appoint the attorney to represent the child in the proceeding under section 46b-129 provided i such counsel is knowledgeable about representing such children and ii the court notifies the office of Chief Public Defender of the appointment Any child who is subject to an ongoing probate or family matters proceeding who has been appointed a guardian ad litem in such proceeding shall be assigned a separate guardian ad litem in a proceeding under section 46b-129 if it is deemed necessary pursuant to subparagraph D of this subdivision C The primary role of any counsel for the child shall be to advocate for the child in accordance with the Rules of Professional Conduct except that if the child is incapable of expressing the child s wishes to the child s counsel because of age or other incapacity the counsel for the child shall advocate for the best interests of the child D If the court based on evidence before it or counsel for the child determines that the child cannot adequately act in his or her own best interests and the child s wishes as determined by counsel if followed could lead to substantial physical financial or other harm to the child unless protective action is taken counsel may request and the court may order that a separate guardian ad litem be assigned for the child in which case the court shall either appoint a guardian ad litem to serve on a voluntary basis or notify the office of Chief Public Defender who shall assign a separate guardian ad litem for the child The guardian ad litem shall perform an independent investigation of the case and may present at any hearing information pertinent to the court s determination of the best interests of the child The guardian ad litem shall be subject to cross-examination upon the request of opposing counsel The guardian ad litem is not required to be an attorney-at-law but shall be knowledgeable about the needs and protection of children and relevant court procedures If a separate guardian ad litem is assigned the person previously serving as counsel for the child shall continue to serve as counsel for the child and a different person shall be assigned as guardian ad litem unless the court for good cause also determines that a different person should serve as counsel for the child in which case the court shall notify the office of Chief Public Defender who shall assign a different person as counsel for the child No person who has served as both counsel and guardian ad litem for a child shall thereafter serve solely as the child s guardian ad litem E The counsel and guardian ad litem s fees if any shall be paid by the office of Chief Public Defender unless the parents or guardian or the estate of the child are able to pay in which case the court shall assess the rate the parent or guardian is able to pay and the office of Chief Public Defender may seek reimbursement for the costs of representation from the parents guardian or estate of the child See also 51-296 c establishing additional guidelines for attorneys appointed for children 51-296a a The judicial authority before whom a family relations matter described in subparagraph A of subdivision 1 of subsection c of section 51-296 is pending shall determine eligibility for counsel for a child or youth if they are unable to afford counsel Upon a finding that a party is unable to afford counsel the judicial authority shall appoint an attorney to provide representation from a list of qualified attorneys provided by the office of Chief Public Defender Right to Counsel for Indian Children In 2023 Connecticut enacted the Connecticut Indian Child Welfare Act which provides that i any child custody proceeding in which the state court determines indigency The court may in its discretion appoint counsel for the Indian child upon a finding that such appointment is in the best interest of the child See SB 1204",yes,No Delaware,"Del Code tit 13 2504 f used to require the court to appoint either an attorney or a court-appointed special advocate CASA for abuse and termination cases However in 2017 the legislature amended Del Code tit 13 2504 f to require appointment of an attorney ad litem and allow the additional appointment of a CASA When a petition is filed under this chapter the Court shall appoint an attorney authorized to practice law in this State to represent the child When appointing an attorney the Court may also appoint a Court Appointed Special Advocate volunteer to work in conjunction with the attorney The rights responsibilities and duties in representing the child are set forth in 9007A of Title 29 For the purposes of the Child Abuse Prevention and Treatment Act 42 U S C 5106a et seq the attorney for the child and the Court Appointed Special Advocate volunteer if one is appointed shall fulfill the role of guardian ad litem for the child Although this code provision does not address the attorney s role Del Code Ann tit 29 9007A clarifies that the attorney fulfills the role of guardian ad litem Accordingly the child s right to counsel is classified as categorical but qualified since the attorney serves in an ad litem role and not a client-directed role As to the role of the CASA Del Code Ann tit 29 9007A c 15 adds that the CASA is responsible for determining the child s wishes and making those wishes known to the court If the attorney ad litem finds that there is a conflict between the child s wishes and the attorney ad litem s determination of the child s best interests the attorney ad litem must notify the court of the conflict 9007A c 15 In the event of a conflict the court shall determine how to remedy the conflict such that the child s best interests and wishes are represented Id In addition Del Fam Ct Civ R 207 permits the court to appoint client-directed counsel for the child See Right to attorney ad litem Court Rule or Initiative Finally Del Code tit 13 1116 c previously allowed the court to appoint counsel for children with regards to petitions to reinstate parental rights However a 2021 amendment removed this discretionary appointment provision",yes,Yes Delaware,"The right to counsel for children in termination proceedings in Delaware is listed as categorical but qualified since the law provides children with the right to an attorney ad litem as opposed to client-directed counsel The law also permits appointment of a CASA and or a client-directed attorney A relevant court rule and statute are read together to reach this conclusion Del Fam Ct Civ R 207 states a The Court shall appoint an attorney authorized to practice law in this state or a Court Appointed Special Advocate CASA to represent the best interests of the child b The Court may appoint an attorney authorized to practice law in this state to represent the wishes of the child emphasis added 1 Although Rule 207 appears to provide either an attorney ad litem 2 or a CASA there is a conflicting statute that governs Del Code tit 13 2504 f Del Code tit 13 2504 f at one point mirrored Rule 207 but the provision was amended in 2017 to require appointment of an attorney ad litem and permit the additional appointment of a CASA See Delaware grants right to counsel for children It seems that Rule 207 was not updated to reflect the changes to the statute In the event of a conflict between a court rule and a statute the statute controls to the extent that there is a conflict Accordingly the status of the law is that the court is required to appoint an attorney ad litem in every case under the statute and has the discretion to appoint a CASA per both the statute and court rule or a client-directed attorney per the court rule 1 Rule 207 falls under a chapter entitled Child Dependency Neglect and Abuse Proceedings with no mention in the title of termination of parental rights and Rule 200 states that the scope of the rules is procedures of the Family Court regarding dependency neglect and abuse petitions for custody and petitions for guardianship However case law suggests that TPR matters are considered to be the final stage of the dependency and neglect continuum such that the court rules apply in TPR matters as well See Brown v Division of Family Services 803 A 2d 948 Del Super Ct 2002 The final stage in the dependency and neglect continuum is either a successful reunification of the family or a decision that the best interests of the child or children requires a termination of parental rights It is now well established that a petition to terminate parental rights is one of the two possible end stages in the three-part continuum that usually begins with a dependency and neglect proceeding 2 Although this code provision does not address the attorney s role Del Code Ann tit 29 9007A clarifies that the attorney fulfills the role of guardian ad litem As to the role of the CASA Del Code Ann tit 29 9007A c 15 adds that the CASA is responsible for determining the child s wishes and making those wishes known to the court If the attorney ad litem finds that there is a conflict between the child s wishes and the attorney ad litem s determination of the child s best interests the attorney ad litem must notify the court of the conflict 9007A c 15 In the event of a conflict the court shall determine how to remedy the conflict such that the child s best interests and wishes are represented Id",yes,Yes Florida,"Certain children including those with developmental disabilities entitled to counsel In 2014 the Florida Legislature passed HB 561 which created Fla Stat 39 01305 3 and requires appointment of counsel for certain children in dependency and termination of parental rights cases such as children with developmental disabilities those residing in a skilled nursing facility and children who are victims of human trafficking Unlike many other provisions in the section Fla Stat 39 01305 3 simply describes the person appointed as an attorney and not an attorney ad litem Thus the appointed counsel presumably serves in a client-directed role New media outlet NationSwell discussed the law in an article titled Once Silent Disabled Florida Kids Now Have Someone Speaking on Their Behalf As to all other children Mandatory appointment of guardian ad litem A bill enacted in 2024 SB 1224 mandates that the court appoint a guardian ad litem GAL for all children in abuse and neglect proceedings Fla Stat 39 013 11 now provides The court shall appoint a guardian ad litem at the earliest possible time to represent a child throughout the proceedings including any appeals The guardian ad litem may represent the child in proceedings outside of the dependency case to secure the services and benefits that provide for the care safety and protection of the child However the GAL need not be an attorney See Fla R Juv P Rule 8 215 b The guardian ad litem must be a responsible adult who may or may not be an attorney see also Fla Stat 39 01 32 defining Guardian ad litem similarly but see Fla Stat 39 8296 b 7 detailing the responsibilities of the Statewide Guardian ad Litem Office which include ensur ing that each child has an attorney assigned to his or her case and within available resources is represented using multidisciplinary teams that may include volunteers pro bono attorneys social workers and mentors Discretionary appointment of attorney ad litem A law enacted in 2020 expanded the existing law governing appointment of counsel for children in Florida Fla R Juv P Rule 8 217 a which covers both dependency and termination of parental rights provides At any stage of the proceedings any party may request or the court may consider whether an attorney ad litem is necessary to represent any child alleged to be dependent if one has not already been appointed while 8 217 b adds The court may appoint an attorney ad litem to represent the child in any proceeding as allowed by law Legislature s goals regarding dependent children SB 1224 also made conforming changes to the statutory provision detailing the legislature s goals for dependent children which now provides The Legislature finds that the design and delivery of child welfare services should be directed by the principle that the health and safety of children including the freedom from abuse abandonment or neglect is of paramount concern and therefore establishes the following goals for children in shelter or foster care To have a guardian ad litem appointed and if appropriate an attorney ad litem the guardian ad litem or attorney ad litem if one is appointed have immediate and unlimited access to the children they represent Fla Stat 39 4085 1 t Repealed Right to attorney for children who are the subject of permanent custody proceedings whose caregiver objects to change in custody Previously pursuant to Fla Stat 39 522 3 c 4 b the court was required to appoint an attorney for a child at an initial case status hearing which was to be scheduled w ithin 7 days after receiving written notice from the child s caregiver of the caregiver s objection to the department s official position on the change of physical custody However this provision was revoked in 2024 by enactment of SB 1224",yes,Yes Georgia,"In April 2024 the Georgia legislature enacted SB 376 a law permitting the court to appoint an attorney ad litem to review the Division of Family Children Services decision not to terminate parental rights If the attorney ad litem disagrees with the Department s determination they may file a petition to terminate parental rights The law provides At least 30 days prior to the fifteenth month a child has been in foster care and when the court deems appropriate the court shall review DFCS s determination that filing a petition to terminate parental rights would not be in the best interests of such child as provided for in paragraph 2 of subsection b of this Code section Such hearing may be in conjunction with other matters of the case At such hearing the court may appoint an attorney guardian ad litem who may after his or her own determination file a petition to terminate parental rights on behalf of the child The court in its sole discretion may make any additional rulings Ga Code Ann 15-11-233 d Under Ga Code Ann 15-11-104 children in abuse cases are already entitled to a guardian ad litem Not a single vote in opposition to the bill was recorded It was touted as i mprov ing timely permanent placement of a child removed from his or her home by the Georgia Division of Family and Children Services See Lieutenant Governor of Georgia Press Release Lt Governor Burt Jones Protects Georgia Families Senate Passes Children and Families Package Feb 22 2024",yes,Yes Georgia,"Right to counsel in dependency proceedings Previously children only had a right to counsel if they were not represented by their parents counsel However Ga Code Ann 15-11-103 was amended in 2013 to provide children with the right to their own counsel In 2023 the Georgia legislature passed HB 460 which amended the section again this time to extend the right to counsel to children receiving extended care youth services from DFCS The section now states a A child to a proceeding under this article shall have the right to an attorney at all stages of the proceedings under this article b The court shall appoint an attorney for an alleged dependent child and any child receiving extended care youth services from DFCS at all stages of the proceedings under Article 3 Dependency Proceedings The appointment shall be made as soon as practicable to ensure adequate representation of such child and in any event before the first court hearing that may substantially affect the interests of such child c A child s attorney owes to his or her client the duties imposed by the law of this state in an attorney-client relationship d If an attorney has been appointed to represent a child in a prior proceeding under this chapter the court when possible shall appoint the same attorney to represent such child in any subsequent proceeding e An attorney appointed to represent a child in a dependency proceeding shall continue the representation in any subsequent appeals unless excused by the court Regarding waiver the statute prohibits the child or any representative of the child from waiving the child s right to an attorney Id at f The right to counsel does not apply to all matters transferred to juvenile court However a child s right to counsel does not extend to certain cases transferred from the superior court to the juvenile court In handling divorce alimony habeas corpus or other cases involving the custody of a child a superior court may transfer questions of custody or child support to the juvenile court for investigation and determination Ga Code Ann 15-11-15 a If the transfer is for investigation and determination the right to counsel does not apply Id at b If the referral is for investigation and determination then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this chapter in compliance with the order of the superior court except that the parties shall not be entitled to obtain an appointed attorney through the juvenile court The right to counsel may extend to legitimation and probate matters heard by the juvenile court HB 460 also added Ga Code 15-11-11 1 which provides that a dependent child who is represented by court appointed counsel and who is the subject of a legitimation petition pursuant to Code Section 15-11-11 may be represented by the same appointed counsel in the legitimation matter In addition the bill amended Ga Code 15-11-14 which covers probate matters transferred to the juvenile court to provide that A child may obtain a court appointed attorney for the hearing to determine whether continuation or termination of the temporary guardianship is in the best interests of the child Right to a guardian ad litem in dependency proceedings Ga Code Ann 15-11-104 additionally requires the court to appoint a guardian ad litem GAL for the child An attorney appointed under 15-11-103 may also serve as the child s GAL unless there is conflict of interest between the attorney s duty to such child as such child s attorney and the attorney s considered opinion of such child s best interests as guardian ad litem 15-11-104 b Furthermore 15-11-104 d provides A court shall appoint a CASA to act as GAL whenever possible and a CASA may be appointed in addition to an attorney who is serving as a GAL Right to counsel for youth in matters related to extended care youth services Finally thanks to HB 460 youth may be appointed counsel in matters related to extended care youth services Per Ga Code 15-11-340 f The trial court may appoint an attorney for a child at all stages of the proceedings under Article 4a Extended Care Youth Services with the child s consent If a child does not have an attorney a child shall be informed prior to any hearing of their right to have legal representation and shall be given an opportunity to 1 Obtain an attorney of his or her own choice 2 Obtain a court appointed attorney in the court s discretion or 3 Waive the right to an attorney",yes,No Georgia,"In Kenny A ex rel Winn v Perdue 356 F Supp 2d 1353 N D Ga 2005 a federal court in Georgia noted that children have a statutory right to counsel in deprivation and termination of parental rights proceedings under Georgia law but also went on to hold that children have the right to appointed counsel under the Georgia Constitution Art I 1 1 The court reasoned that children have fundamental liberty interests at stake in deprivation and TPR proceedings includ ing a child s interest in his or her own safety health and well-being as well as an interest in maintaining the integrity of the family unit The court found that because a child s fundamental liberty interests were at stake there existed a significant risk of erroneous decisions and the government functioned as parens patriae it was in the state s and child s interest to appoint a child advocate attorney The case ostensibly affected only certain counties in the state that were the subject of the litigation but in In re Formal Advisory Opinion No 16-2 812 S E 2d 484 485 Ga 2017 the Supreme Court of Georgia citd to Kenny A for the broad proposition that In addition to the child s statutory right to counsel a child in a termination of parental rights proceedings also has a federal constitutional right to counsel",yes,Yes Hawaii,"Haw Rev Stat 587A-17 a provides that the court may appoint counsel for any party in an abuse neglect proceeding if it is in the child s best interest and 587A-4 defines party to include the child The court is required to appoint a guardian ad litem for a child throughout the pendency of child protective proceedings under this chapter Haw Rev Stat 587A-16 a whose responsibilities include inform ing the court of the child s opinions and requests Haw Rev Stat 587A-16 c 6 If the child s opinions and requests differ from those being advocated by the guardian ad litem the court shall evaluate and determine whether it is in the child s best interests to appoint an attorney to serve as the child s legal advocate concerning such issues and during such proceedings as the court deems to be in the best interests of the child Haw Rev Stat 587A-16 c 6 It should also be noted that attorneys fees in child protective proceedings are capped at 3 000 before disposition and 1000 for post-disposition review Haw Rev Stat 571-87 b 2008 Capping the compensation at such a low amount significantly reduces the effectiveness of the right to counsel Laura K Abel and Max Rettig State Statutes Providing for a Right to Counsel in Civil Cases Clearinghouse Rev J Poverty L Pol y July-August 2006",discretionary,No Idaho,"According to the court rules t he court may appoint separate counsel for the child or children under the age of twelve 12 in appropriate cases The court may consider the nature of the case the child s age maturity intellectual ability ability to direct the activities of counsel and other factors relevant to the appropriateness of appointing counsel for the child Idaho Juv R 37 a Additionally Rule 37 specifies that the guardian ad litem appointed for a child receives counsel as well T he court shall appoint counsel to represent the guardian ad litem unless the guardian ad litem is already represented by counsel Notice of the right to be represented by counsel and at public expense where financial inability exists on the part of the child should be given at the earliest possible time Idaho Juv R 37 a d",discretionary,No Idaho,"Idaho s Child Protective Act which includes both abuse neglect and termination of parental rights proceedings states 1 In any proceeding under this chapter for a child under the age of twelve 12 years the court shall appoint a guardian ad litem for the child or children and shall appoint counsel to represent the guardian ad litem unless the guardian ad litem is already represented by counsel If a court does not have available to it a guardian ad litem program or a sufficient number of guardians ad litem the court shall appoint counsel for the child In appropriate cases the court may appoint a guardian ad litem for the child and counsel to represent the guardian ad litem and may in addition appoint counsel to represent the child 2 In any proceeding under this chapter for a child twelve 12 years of age or older the court a Shall appoint counsel to represent the child and may in addition appoint a guardian ad litem or b Where appointment of counsel is not practicable or not appropriate may appoint a guardian ad litem for the child and shall appoint counsel to represent the guardian ad litem unless the guardian ad litem is already represented by counsel 3 Counsel appointed for the child under the provisions of this section shall be paid for by the office of the state public defender unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs Idaho Code Ann 16-1614",yes,Yes Illinois,"705 Ill Comp Stat 405 1-5 1 provides No hearing on any petition or motion filed under this Act may be commenced unless the minor who is the subject of the proceeding is represented by counsel Notwithstanding the preceding sentence if a guardian ad litem has been appointed for the minor under Section 2-17 of this Act and the guardian ad litem is a licensed attorney at law of this State or in the event that a court appointed special advocate has been appointed as guardian ad litem and counsel has been appointed to represent the court appointed special advocate the court may not require the appointment of counsel to represent the minor unless the court finds that the minor s interests are in conflict with what the guardian ad litem determines to be in the best interest of the minor",yes,Yes Indiana,"Ind Code 31-32-4-2 b provides that the court may appoint counsel for children in any juvenile court proceeding which would cover abuse neglect cases called Child in Need of Services or CHINS cases as well as termination of parental rights matters",discretionary,No Iowa,"Iowa Code 232 89 2 specifies that in abuse neglect cases the court must appoint both counsel and a guardian ad litem GAL for the child but 232 89 4 adds that t he same person may serve both as the child s counsel and as guardian ad litem However the court may appoint a separate guardian ad litem if the same person cannot properly represent the legal interests of the child as legal counsel and also represent the best interests of the child as guardian ad litem In Interest of J V the court considered whether the juvenile court should have appointed an attorney separate from the GAL for the child No 21-1769 2022 WL 470335 Iowa Ct App Feb 16 2022 unpublished The child s grandmother who had intervened in the Child in Need of Assistance CINA matter argued that the court should have bifurcated the GAL and child attorney roles since the child expressed a desire to live with their grandmother but the GAL continued to advocate for placement of the child with their grandfather Relying on In re A T 744 N W 2d 657 663 Iowa Ct App 2007 the J V court indicated that the older more intelligent and mature the child is the more an attorney is needed to advocate for the child s position 2022 WL 470335 at 3 In this case the court held that bifurcation was not necessary reasoning that J V was just nine years old and the record was devoid of any evidence that J V is particularly mature for his age Id Compare In re A T 744 N W 2d 657 Iowa Ct App 2007 finding abuse of discretion where trial court failed to appoint separate attorney for a 12-year-old child who was very mature and had opposed the termination of parental rights given that the GAL had advocated in favor of the TPR with In re D F No 15 0031 2015 WL 7075822 Iowa Ct App Nov 12 2015 unpublished finding trial court s failure to appoint separate counsel was not an abuse of discretion where the child who had turned 11 during the termination proceeding was not sufficiently mature and had no unambiguously communicated a desire to remain with his parents With regard to indigent Native American children Iowa provides the right to counsel to children in any removal placement termination of parental rights or other permanency proceedings Iowa Code 232B 5 16 This provision goes beyond that of the federal Indian Child Welfare Act which makes appointment discretionary Compare Iowa Code 232B 5 16 with 25 U S C 1912 b The court may in its discretion appoint counsel for the child upon a finding that such appointment is in the best interest of the child -------------------------------- Note Per Iowa R App P Rule 6 904 2 c although a n unpublished opinion or decision of a court or agency may be cited in a brief if the opinion or decision can be readily accessed electronically u npublished opinions or decisions shall not constitute controlling legal authority Any discussion of unpublished decisions included here is for illustrative purposes only Please check applicable rules before relying upon on unpublished authority",yes,Yes Kansas,"Kan Stat 38-2205 a specifies that for all proceedings under the child in need of care code which would include termination of parental rights cases in addition to dependency matters Upon the filing of a petition the court shall appoint an attorney to serve as guardian ad litem for a child who is the subject of proceedings under this code The guardian ad litem shall make an independent investigation of the facts upon which the petition is based and shall appear for and represent the best interests of the child When the child s position is not consistent with the determination of the guardian ad litem as to the child s best interests the guardian ad litem shall inform the court of the disagreement The guardian ad litem or the child may request the court to appoint a second attorney to serve as attorney for the child and the court on good cause shown may appoint such second attorney The attorney for the child shall allow the child and the guardian ad litem to communicate with one another but may require such communications to occur in the attorney s presence See also Kan Sup Ct Rules R 110A d using the same language as above to explain a guardian ad litem s duties upon learning that child s wishes differ from their recommendation",yes,Yes Kentucky,"Ky Stat 610 060 1 a states If the Circuit or District Court determines that a formal proceeding is required in the interest of the child the court shall when the child is brought before the court Explain to the child and his parents guardian or person exercising custodial control their respective rights to counsel and if the child and his parents guardian or person exercising custodial control are unable to obtain counsel shall appoint counsel for the child as provided in subsection 2 of this section and unless specified to the contrary by other provisions of KRS Chapters 600 to 645 may appoint counsel for the parents guardian or person exercising custodial control In B C v B T 182 S W 3d 213 217 Ky Ct App 2005 the court made it clear that 610 060 applies to a dependency proceeding But another statutory provision also provides for the appointment of counsel for children in any dependency hearings that follow the initial temporary removal hearing Ky Rev Stat Ann 620 100 states in pertinent part 1 If the court determines as a result of a temporary removal hearing that further proceedings are required the court shall advise the child and his parent or other person exercising custodial control or supervision of their right to appointment of separate counsel a The court shall appoint counsel for the child to be paid for by the Finance and Administration Cabinet Counsel shall document participation in training on the role of counsel that includes training in early childhood child and adolescent development The clerk of the court shall arrange for service on all parties including the local representative of the Cabinet for Health and Family Services of the order appointing counsel The fee to be fixed by the court shall not exceed five hundred dollars 500 however if the action has final disposition in the District Court the fee shall not exceed two hundred fifty dollars 250",yes,No Louisiana,"In every child care proceeding the court will appoint independent counsel for the child involved including a referral to the district public defender and this right cannot be waived by the child or anyone purporting to act on the child s behalf La Child Code Ann art 607 A - B In terms of payment for the attorney appointed on the child s behalf the court may order the parents of the child to pay for some or all of the costs of the child s representation if the court determines that the parents are financially able But other arrangements will be made where the parents are deemed unable to pay the child s representation La Child Code Ann art 607 C",yes,No Maine,"In abuse and termination proceedings the child or GAL may request appointment of counsel for the child With limited exceptions Me Rev Stat Ann tit 22 4005 1 A requires appointment of a guardian ad litem GAL in every child protection proceeding which according to 4002 3 includes both abuse neglect and termination of parental rights proceedings The exceptions are a request for a preliminary protection order under section 4034 or a petition for a medical treatment order under section 4071 but including hearings on those orders And 4005 1 F provides that t he guardian ad litem or the child may request the court to appoint legal counsel for the child Maine Indian Child Welfare Act Also in 2023 the Maine legislature enacted LD 1970 known as the Maine Indian Child Welfare Act which provides that in any Indian child custody proceeding or emergency proceeding t he court may in its discretion appoint counsel for the Indian child upon a finding that such appointment is in the best interest of the Indian child Me Rev Stat Ann tit 22 3945 3 Under the law an Indian child custody proceeding is defined as follows A proceeding other than an emergency proceeding that may culminate in any of the following outcomes for or related to an Indian child A Adoptive placement B Foster care placement C Preadoptive placement or D Termination of parental rights An Indian child custody proceeding does not include a proceeding involving an award of custody to one of the Indian child s parents including but not limited to a divorce proceeding a parental rights and responsibilities proceeding a judicial separation proceeding a protection from abuse proceeding or other domestic relations proceeding Me Rev Stat Ann tit 22 3943 9 Further an Emergency proceeding is defined as a court action that involves the emergency removal or emergency placement of an Indian child including those pursuant to section 4034 or Title 18-C Article 5 and excludes a court action involving an emergency award of custody of the Indian child to one of the parents including but not limited to an emergency parental rights and responsibilities order or a protection from abuse proceeding",discretionary,No Maryland,"Children in Child in Need of Assistance CINA proceedings are entitled to appointed counsel as per Md Code Ann Cts Jud Proc 3-813 a This includes the right to be represented on appeal In re Sophie S 891 A 2d 1125 1126 n 3 Md Ct App 2006 The court shall select the appointed attorney from legal vendors with whom the Department of Human Resources has contracted to provide those services Md Code Ann Cts Jud Proc 3-813 d 2 i In terms of standards of practice an appendix to the Maryland Rules governs the role of the attorney representing the child See MD RULE Appx Guidelines of Advocacy for Attorneys Representing Children in CINA and Related TPR and Adoption Proceedings The attorney must first determine whether the child has considered judgment defined as whether the child can understand the risks and benefits of the child s legal position and whether the child can reasonably communicate the child s wishes to the attorney Id at B1 If after evaluating a set of factors the attorney concludes that the child has considered judgment the attorney must advocate a position consistent with the child s wishes in the matter However if the attorney determines that the child does not have considered judgment the attorney must advocate a position consistent with the best interests of the child This assessment is an ongoing one and a child with considered judgment at one time may not have it at a later time and vice versa At each proceeding the attorney must inform the court whether the child has considered judgment and must make the child s wishes part of the record even if the attorney does not advocate the child s position The attorney may not compromise the attorney-client privilege regardless of the child s considered judgment Id Because the attorney may not necessarily represent the child s expressed wishes we have classified the right to counsel as qualified To learn more about the models of children s representation across the country see National Association of Counsel for Children NACC CHART State Models of Children s Legal Representation 2023",yes,Yes Massachusetts,"As per M G L ch 119 29 children have a right to appointed counsel in all of the following types of custody proceedings and must informed of the right as well 1 Children who have reached adulthood but are still the responsibility of the Department under M G L ch 119 23 a 1 2 the Department of Children and Family s application or petition for an order of the probate court granting responsibility for the child to the Department based on the child s lack of proper guardianship due to death unavailability incapacity or unfitness under M G L ch 119 23 a 3 3 a hearing on a petition brought by any person alleging that the child is being abused or neglected or otherwise requires the care and protection of the Department of Children and Families including removal from the home and transfer of custody to the Department under chapter 119 24 26 4 a determination of custody pending a hearing on the merits of any petition brought pursuant to chapter 119 24 See also ch 119 25 explaining the procedure for such a hearing 5 court determinations of the future status of children committed to the responsibility of the Department including permanency plan hearings under chapter 119 29B and 6 appeals of any orders of commitment of children or adjudications that the child is in need of care and protection including petitions for a review and determination of the current needs of a child which are brought by the child parent guardian or any person appearing on behalf of the child pursuant to chapter 119 26",yes,No Michigan,"Generally In a proceeding alleging abuse or neglect the court must appoint a lawyer-guardian ad litem to represent the child Mich Comp Laws 722 630 712A 17c 7 In re Rood 763 N W 2d 587 599 n 21 Mich 2009 applying Mich Comp Laws 712A 17c to termination proceedings see also Mich Ct R 3 915 B 2 a Section 712A 17d details the attorney s role providing that a lawyer-guardian ad litem s duty is to the child and not the court The child may not waive the assistance of the lawyer-guardian ad litem Mich Comp Laws 712A 17c 7 If the lawyer-GAL determines that the child s wishes conflict with that of the lawyer-GAL L-GAL the court is authorized to appoint an attorney for the child if the court determines the child is sufficiently mature Mich Comp Laws 712A 17d 2 see also Mich Ct R 3 915 B 2 b Standard on appeal where conflict of interest alleged In examining whether the trial court erred in failing to appoint independent counsel for the child due to an alleged conflict between the child s wishes and L-GAL s recommendations appellate courts tend to apply the abuse of discretion standard See e g In re Smith No 286249 2009 WL 103712 at 2 Mich Ct App Jan 15 2009 This appears to be true unless the party failed to raise the issue below in which case the plain error standard is used See In re Walters Atkins Jr No 370371 2024 WL 4500974 Mich Ct App Oct 15 2024 Extent of conflict required to warrant independent counsel Where the L-GAL advocates at least in-part for an outcome that coincides with wishes occasionally expressed by the minor the court may conclude that any conflict between the child s wishes and L-GAL s recommendation was not significant enough to warrant appointment of independent counsel In In re Walters Atkins Jr an unpublished decision from the Court of Appeals a mother appealed the termination of her parental rights arguing that the trial court should have considered whether independent counsel was necessary for HW her 16-year-old son No 370371 2024 WL 4500974 Mich Ct App Oct 15 2024 Because mother did not raise the issue of independent counsel below the appellate court applied the plain error standard It also noted that although g enerally a person does not have standing to assert constitutional or statutory rights on behalf of another person quoting In re HC 781 N W 2d 105 115 Mich Ct App 2009 it would review the claim for purposes of completeness Walters Atkins Jr 2024 WL 4500974 at 3 According to HW s L-GAL HW had at times expressed a desire to reunify with his mother but he also expressed a desire to seek independent living The GAL expressed their belief that reunification was not in HW s best interest and proposed permanency outcomes such as Another Planned Permanency Living Arrangement APPLA or guardianship as alternatives to termination Based on these facts the appellate court concluded that HW s position did not significantly differ from the position of the L-GAL It also reasoned that the mother had failed to demonstrate how the failure to appoint independent counsel for HW was outcome-determinative since e ven if HW had independent counsel who argued that termination was not in HW s best interests the trial court would still have conducted the same statutory-ground and best-interest analyses considering the record already established that at times HW wanted to reunify with respondent and did not want to be adopted Id at 3 Ineffective assistance claims on child s behalf Finally it is unclear who can raise an ineffective assistance claim on behalf of a child It seems that parents are not permitted to do so See In re HC 781 N W 2d 105 115 Mich Ct App 2009 Generally persons do not have standing to assert constitutional or statutory rights on behalf of another person In In re Knipp a father asked the appellate court to reconsider this stance and depart from HC Knipp No 368780 2024 WL 2494747 Mich Ct App May 23 2024 However the Knipp court rejected father s contention that the court s previous holdings on this issue preclude the raising of any ineffective-assistance-of-counsel claim on behalf of a child because no one can raise the claim for the child and the child cannot raise it for himself The court reasoned T here are statutory requirements with which an LGAL must comply See MCL 712A 17d These statutory requirements serve as a safety valve to ensure that LGALs effectively represent the children for whom they are appointed Further there is nothing preventing parties from raising concerns with the trial court over an LGAL s conduct or compliance with statutory requirements a party is simply prohibited from asserting on behalf of the child that the LGAL provided constitutionally-defective representation that resulted in prejudice to the child Accordingly we decline to declare a conflict with In re H R C or otherwise depart from established precedent Knipp 2024 WL 2494747 at 4",yes,Yes Minnesota,"In 2023 the Minnesota legislature enacted SF 667 which amended the Minnesota Indian Family Preservation Act to expand the definition of child placement proceeding and to provide Indian children subject to such proceedings with the right to counsel if they are at least ten years of age The changes have brought the Act in alignment with the provision generally applicable to children in abuse neglect matters in Minnesota mandating counsel upon request for a child ten years of age or older who is subject to a petition for a child in need of protection or services Amended Minn Stat 260 771 subd 2b b provides that i n any state court child placement proceeding any child ten years of age or older shall have the right to court-appointed counsel emphasis added The law defines child placement proceeding broadly as includ ing all placements where Indian children are placed out-of-home or away from the care custody and control of their parent or parents or Indian custodian excluding matters that implicate custody between the parents Minn Stat 260 755 subd 3 a In May 2024 the legislature passed HF 5237 again amending the provision The law adds that child placement proceedings includ e but are not limited to any proceeding where the petitioner or another party seeks to temporarily or permanently remove an Indian child from the Indian child s parent or parents or Indian custodian See Minn Stat 260 771 subd 2b a It also specifies that counsel shall be appointed prior to the first hearing on the petition but the court may appoint counsel at any stage of the proceeding if the court deems it necessary Id at c Finally the law adds discretionary appointment of counsel for Indian children younger than ten years of age Id at b",yes,Yes Minnesota,"HB 1702 enacted in 2017 substantially strengthened the child s right to counsel in abuse and termination of parental rights matters The bill rewrote Minn Stat 260C 163 to read as follows Subd 3 d In any proceeding where the subject of a petition for a child in need of protection or services is ten years of age or older the responsible social services agency shall within 14 days after filing the petition or at the emergency removal hearing under section 260C 178 subdivision 1 if the child is present fully and effectively inform the child of the child s right to be represented by appointed counsel upon request and shall notify the court as to whether the child desired counsel Information provided to the child shall include at a minimum the fact that counsel will be provided without charge to the child that the child s communications with counsel are confidential and that the child has the right to participate in all proceedings on a petition including the opportunity to personally attend all hearings The responsible social services agency shall also within 14 days of the child s tenth birthday fully and effectively inform the child of the child s right to be represented by counsel if the child reaches the age of ten years while the child is the subject of a petition for a child in need of protection or services or is a child under the guardianship of the commissioner Subd 3 g In any proceeding where the subject of a petition for a child in need of protection or services is not represented by an attorney the court shall determine the child s preferences regarding the proceedings including informing the child of the right to appointed counsel and asking whether the child desires counsel if the child is of suitable age to express a preference Subd 10 a Waiver of any right which a child has under this chapter must be an express waiver made voluntarily intelligently and in writing by the child after the child has been fully and effectively informed of the right to counsel and after consulting with an appointed attorney Subd 10 b Waiver of a child s right to be represented by counsel provided under the juvenile court rules must be an express waiver made voluntarily intelligently and in writing by the child after the child has been fully and effectively informed of the right being waived by the responsible social services agency and consultation with an appointed attorney In determining whether a child has voluntarily and intelligently waived the right to counsel the court shall look to the totality of the circumstances which includes but is not limited to the child s age maturity intelligence education experience and ability to comprehend and the presence and competence of the child s parents guardian or guardian ad litem The court shall not permit the child s parent other person legally responsible for the child s care or the child s guardian ad litem to waive the child s right to be represented by counsel If the court accepts the child s waiver it shall state on the record the findings and conclusions that form the basis for its decision to accept the waiver Passage of the law was covered by CBS ABC 5 the Morris Sun-Tribune and the Twin Cities Pioneer Press Minn R Juv Prot P 25 02 Subd 1 a adds Except in proceedings where the sole basis for the petition is habitual truancy if the child desires counsel but is financially unable to employ it the court shall appoint counsel to represent the child who is ten 10 years of age or older and may appoint counsel to represent a child under age ten 10 in any case in which the court determines that such appointment is appropriate Thus children over 10 have a right to counsel in all proceedings whereas appointment of counsel is discretionary for younger children When a court has ordered a child to be placed outside of the home the child has the right to counsel in preparation of their case plan and the right to appointed counsel for such preparation if indigent Minn Stat 260C 212 subdiv 1 d If the child is appointed counsel Counsel for the child shall not also act as the child s guardian ad litem Minn Stat Ann 260C 163 Subd 3 f Finally the statute itself specifies that the right to counsel includes the right to effective assistance See Minn Stat 260C 163 3 a The child parent guardian or custodian has the right to effective assistance of counsel in connection with a proceeding in juvenile court as provided in this subdivision And pursuant to court rule the right to counsel extends through appeal Minn R Juv Prot Rule 36 01 Every party and participant has the right to be represented by counsel in every juvenile protection matter including through appeal if any see also Minn R Juv Prot Rule 36 02 Subd 2 For purposes of appeal appointment of counsel in a juvenile protection matter shall be made within three days of the request for counsel When possible the trial court attorney should be appointed as appellate counsel",yes,Yes Mississippi,"Previously courts were only required to appoint a client-directed attorney for children in all critical stages of the abuse neglect case and only if the child was indigent Miss Code Ann 43 21 201 1 Terminations stemming from abuse neglect matters were considered a critical stage Miss Code Ann 43-21-151 1 giving youth court exclusive jurisdiction in proceedings involving a child in need of supervision a neglected child an abused child or a dependent child except in certain limited circumstances However in 2023 Mississippi enacted HB 1149 which expanded the right to counsel to all minors regardless of indigency Miss Code Ann 43-21-201 1 a c It also removed the qualifying word critical and expressly states that shelter hearings are a stage of the proceeding Id Additionally the court must appoint a guardian ad litem in all cases Miss Code Ann 43-21-121 1 4 However the amended law incorporates Rule 13 f of the Uniform Rules of Youth Court Practice which provides that the child s GAL may serve in a dual role unless the child s wishes conflict with the GAL s recommendations in which case the court shall retain the guardian ad litem to represent the best interest of the child and appoint an attorney to represent the child s preferences Miss Code Ann 43-21-201 1 c Note that a dual role is also prohibited where the court appoints a layperson as guardian ad litem Miss Code Ann 43-21-121 4 Finally if abuse neglect allegations surface in the context of a custody proceeding then the court shall appoint a guardian ad litem for the child as provided under Section 43-21-121 who shall be an attorney Miss Code Ann 93-5-23",yes,No Missouri,"Right to counsel for children 14 years of age or older Previously children in Missouri were entitled only to an attorney guardian ad litem GAL However in May 2025 the Missouri legislature enacted HB 737 creating a right to client-directed counsel for children 14 years of age and older in abuse matters For these children the court would not be required to concurrently appoint an attorney ad litem Specifically the right to client-directed counsel would apply to children who are at least 14 years of age but less than 18 years of age who are the subject of proceedings under sections 210 110 to 210 165 child abuse except proceedings under Section 6 of section 210 152 administrative review of child abuse or neglect registry sections 210 700 to 210 760 court review of child placed with agency or foster care or sections 211 442 to 211 487 termination of parental rights The right to counsel will be rolled out in January 1 2028 but judges may implement the appointment provision prior pursuant to a pilot project implemented under section 477 715 The bill also creates a Child and Family Legal Representation Coordinating Commission within the judicial branch composed of nine appointed members some of whom must have at least five years experience representing children as either counsel or GALs and a t least one member of the Committee shall be a former foster youth with direct experience The Committee will have a variety of responsibilities including making recommendations to the Missouri Supreme Court about minimum training requirements and practice standards for attorneys as well as to develop coordinate and evaluate any pilot project established by the Court related to child or parent counsel To read more about the change in the law read the National Association of Counsel for Children NACC May 2025 Policy Updates See also Clara Bates Sweeping Missouri child welfare bill including child marriage ban heads to governor s desk Missouri Independent Apr 29 2025 Right to attorney GAL for children younger than 14 years Children younger than 14 years of age in Missouri abuse matters will continue to be entitled to an attorney GAL Mo Ann Stat 211 211 1 states A child is entitled to be represented by a guardian ad litem in all proceedings under subdivision 1 of subsection 1 of section 211 031 abuse neglect proceedings except a otherwise provided in subsection 3 of section 210 160 when the child shall be represented by counsel and the provisions of section 210 160 shall apply to the appointment of such counsel Mo Ann Stat 210 160 similarly provides Subject to the provisions of subsection 3 of this section in every case involving an abused or neglected child which results in a judicial proceeding the judge shall appoint a guardian ad litem to appear for and represent a child who is the subject of abuse and neglect proceedings and a Supreme Court rule clarifies that When appointing a guardian ad litem for a child the court shall only appoint a lawyer licensed by the Supreme Court who has completed the training required by these standards Mo Sup Ct Standards with Comments for Guardians Ad Litem in Missouri Standard 1 0 Furthermore i f the guardian ad litem determines there is conflict between advocating for the best interests of the child and representation of the child s preferences the guardian ad litem shall continue to perform as the guardian ad litem for the child and may request that the court appoint another lawyer to represent the child s preferences Mo Sup Ct Standards with Comments for Guardians Ad Litem in Missouri Standard 13 The right to an attorney GAL extends to termination of parental rights cases as well since Section 211 462 1 states In all actions to terminate parental rights if not previously appointed pursuant to section 210 160 a guardian ad litem shall be appointed for the child as soon as practicable after the filing of the petition",yes,Yes Montana,"Generally A court must appoint counsel for a child in abuse and termination of parental rights TPR matters Mont Code Ann 41-3-425 and may assign counsel for appeals Mont Code Ann 47 1 104 4 c Emergency protective services hearing A 2021 amendment to the child welfare code states that the court must hold a hearing within five business days of the child s removal from the home to determine whether there is probable cause to continue the removal Mont Code Ann 41-3-306 1 a and the parties including the child must be represented by counsel at this hearing Mont Code Ann 41-3-306 3 Although paragraph 7 of this section states that the emergency protective services hearing requirement does not apply to cases involving an Indian child who is subject to the Indian Child Welfare Act Mont Code Ann 41-3-306 7 Terminates June 30 2023--sec 8 Ch 529 L 2021 the Montana Supreme Court recently found this exception unconstitutional as a violation of the right to equal protection of the law under both the U S and Montana Constitutions A J B v Mont Eighteenth Judicial Dist Ct 2023 WL 195339 Mont 2023 2023 amendment Counsel for all kids required Prior to 2023 children in abuse and termination cases were entitled to counsel only if a guardian ad litem GAL was not appointed However Montana enacted SB 148 which removed that qualifier Mont Code Ann 41-3-425 now guarantees client-directed counsel to children in abuse and TPR cases regardless of whether a GAL has been appointed T he court shall immediately appoint the office of state public defender to assign counsel for b any child or youth involved in a proceeding under a petition filed pursuant to 41-3-422 and c any party entitled to counsel at public expense under the federal Indian Child Welfare Act or sections 1 through 18 of the Montana Indian Child Welfare Act See also Mont Code Ann 47 1 104 4 b i specifying appointment of public defender regardless of indigence as provided for in 41-3-425",yes,No Nebraska,"In Nebraska counties with a population of under 150 000 residents there is an arguable right to appointed counsel in all juvenile proceedings which includes abuse and termination of parental rights when any juvenile shall be brought without counsel the court shall advise such juvenile and his or her parent or guardian of their right to retain counsel and shall inquire of such juvenile and his or her parent or guardian as to whether they desire to retain counsel The court shall inform such juvenile and his or her parent or guardian of such juvenile s right to counsel at county expense if none of them is able to afford counsel If the juvenile or his or her parent or guardian desires to have counsel appointed for such juvenile or the parent or guardian of such juvenile cannot be located and the court ascertains that none of such persons are able to afford an attorney the court shall forthwith appoint an attorney to represent such juvenile Neb Rev Stat 43-272 1 a But in counties with a population of 150 000 residents or more the right to appointed counsel is limited to juvenile delinquency and truancy proceedings See 43-272 1 b In all juvenile proceedings regardless of county size The court shall appoint an attorney as guardian ad litem A guardian ad litem shall act as his or her own counsel and as counsel for the juvenile unless there are special reasons in a particular case why the guardian ad litem or the juvenile or both should have separate counsel In such cases the guardian ad litem shall have the right to counsel except that the guardian ad litem shall be entitled to appointed counsel without regard to his or her financial ability to retain counsel Whether such appointed counsel shall be provided at the cost of the county shall be determined as provided in subsection 1 of this section Neb Stat 43-272 3",yes,Yes Nevada,"In 2023 Nevada passed AB 444 which provides that in a child custody proceeding defined as a matter arising under chapter 432B of NRS Protection of Children from Abuse and Neglect in which the legal custody or physical custody of a child is an issue the court must appoint counsel to represent the Indian child Under the statute a Child custody proceeding does not include an emergency proceeding However Nev Rev Stat 432B 420 2 provides that the court shall appoint an attorney to represent a child who is alleged to have been abused or neglected See Nevada guarantees strengthens counsel for children in abuse neglect proceedings",yes,No Nevada,"In 2017 the Nevada Legislature amended Nev Stat 432B 420 which previously gave the judge discretion in whether to appoint counsel for a child in an abuse neglect proceeding to make appointment of counsel mandatory See Nev Stat 432B 420 2 The court shall appoint an attorney to represent the child alleged to have been abused or neglected The child must be represented by an attorney at all stages The 2017 amendments also specified that an attorney appointed for the child could not serve as the child s guardian ad litem In 2023 the Nevada legislature amended the provision again by enacting AB 148 adding reference to new sections of the law created by the bill The additional sections establish procedures to evaluate the incapacity of the respondent parent or other person responsible for the welfare of a child procedures regarding court-ordered evaluations as to the parent or person s mental competency guidelines for decision-making of a GAL on behalf of an incapacitated parent or other person and a process to review the appropriateness of placement of a child in a qualified residential treatment program By referencing these sections the amended law extends the child s right to counsel to these matters",yes,No "New Hampshire","Generally Children in certain institutions have the right to counsel For all other children appointment is discretionary Mandatory appointment for certain institutionalized children In 2024 New Hampshire enacted SB 463 which amends N H Stat 169-C 10 II to provide b In cases under this chapter subject to the phase-in schedule established in subparagraph II e the court shall appoint an attorney to represent the expressed interests of a child who is placed in any group home or child care institution as defined in RSA 170-E 25 or certified by the department for the care of children placed pursuant to RSA 169-C or in any state operated residential treatment program Except in the case of an emergency if the department determines that the child s needs indicate such placement should be considered the department shall notify the court within 2 business days of such determination and the court shall appoint counsel to represent the expressed interests of the child e 1 The following phase-in schedule shall apply for the appointment of counsel for children already placed in any group home childcare institution or state-operated residential treatment program as of July 1 2025 Children who are placed in any group home childcare institution or state-operated residential treatment program that is located outside of New England as of July 1 2025 shall be entitled to counsel no later than July 31 2025 Children who are placed in any group home childcare institution or state-operated residential treatment program located within New England as of July 1 2025 shall be entitled to counsel no later than the following dates A For children 16 and 17 years of age July 31 2025 B For children 14 and 15 years of age October 31 2025 C For children 12 and 13 years of age January 31 2026 D For children 10 and 11 years of age April 30 2026 E For children 9 years of age or younger July 31 2026 2 Notwithstanding this subparagraph in any action in which despite diligent efforts to secure counsel an attorney is not available for appointment litigation may proceed until an attorney becomes available In such cases the court shall where possible prioritize consideration of legal issues that do not affect the child s expressed interests until an attorney becomes available Discretionary appointment for other children Previously N H Stat 169-C 10 II a allowed for the discretionary appointment of counsel for children if a conflict was present -- i e if the child s expressed interests were to conflict with the guardian ad litem s recommendation regarding the child s best interests the court was permitted to appoint counsel However this provision was amended in 2024 through SB 463 such that the conflict requirement has been removed Accordingly the court may now appoint an attorney to represent the child s expressed interests regardless of the presence of a conflict The court is also permitted to appoint an attorney for the child if a Court Appointed Special Advocate CASA or other approved program guardian ad litem is unavailable N H Rev Stat Ann 169-C 10 I",yes,Yes "New Jersey","A lower court extended Crist v New Jersey Division of Youth Family Services 343 A 2d 815 816 N J Super Ct App Div 1975 which found a constitutional right to counsel for parents in termination proceedings and which was cited with approval for the New Jersey Constitution by the New Jersey Supreme Court in Pasqua v Council 892 A 2d 663 674 n 5 N J 2006 and N J Div of Youth Family Servs v B R 929 A 2d 1034 1036 N J 2007 to provide a right to appointed counsel for children in dependency or termination proceedings N J Div of Youth Family Servs v Wandell 382 A 2d 711 713 N J Juv Dom Rel Ct 1978 finding right under both state and federal constitutions s urely if due process required that a mature adult subjected to these proceedings requires the assistance of able counsel no less should be required to protect the interests of a minor incapable of speaking for himself Wandell was subsequently cited with approval albeit in a case where a child was appointed counsel pursuant to statute in Matter of Adoption of a Child by E T 695 A 2d 734 N J Super Ct App Div 1997",yes,Yes "New Jersey","A child in an abuse neglect proceeding is entitled to a law guardian protect his her interests and express his her wishes to the court N J Stat Ann 9 6-8 23 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 child 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",yes,No "New Mexico","In 2023 New Mexico passed SB 31 which amended N M Stat 32A-3A-6 to provide that when a parent or guardian signs a voluntary placement agreement The office of family representation and advocacy shall assign the child a guardian ad litem Only an attorney with appropriate experience shall be appointed as guardian ad litem of the child When a voluntary placement agreement is subject to court review the guardian ad litem shall inform the court as to the child s wishes N M Stat 32A-3A-6 E A voluntary placement agreement is defined as a written agreement between the department and the parent or guardian of a child in the context of a child or family in need of family services which is here defined as a family 1 whose child s behavior endangers the child s health safety education or well-being 2 whose child is excessively absent from public school as defined in the Attendance for Success Act 3 whose child is abasent from the child s place of residence for twenty-four hours or more without the consent of the parent guardian or custodian 4 in which the parent guardian or custodian of the child refuses to permit the child to live with the parent guardian or custodian or 5 in which the child refuses to live with the child s parent guardian or custodian N M Stat 32A-3A-2 A I",yes,Yes "New Mexico","New Mexico courts must appoint an attorney for any child fourteen years or older who is the subject of an abuse or termination of parental rights proceeding if younger than fourteen years the child is appointed an attorney guardian ad litem NMSA 1978 32A-4-10 C The statute adds that When a child reaches fourteen years of age the child s guardian ad litem shall continue as the child s attorney provided that the court shall appoint a different attorney for the child if 1 the child requests a different attorney 2 the guardian ad litem requests to be removed or 3 the court determines that the appointment of a different attorney is appropriate NMSA 1978 32A-4-10 C has been applied to the termination of parental rights context State of N M ex rel CYFD v John R 203 P 3d 167 171 N M App 2009 NMSA 1978 32A-5-24 B provides In all hearings regarding relinquishment of parental rights to the department the child shall be represented by a guardian ad litem If the child is fourteen years of age or older and in the custody of the department the child s attorney appointed pursuant to the Abuse and Neglect Act shall represent the child in any proceedings for termination of parental rights under this section Because children younger than 14 receive only a best interests attorney the right to counsel is classified as qualified",yes,Yes "New York","In re Jamie TT the court stated T he Due Process Clauses of the Federal and State Constitutions mandate that there be some form of legal representation of Jamie s interests in the proceedings on the petition Her constitutional and statutory rights to be represented by counsel were not satisfied merely by the State s supplying a lawyer s physical presence in the courtroom 599 N Y S 2d 892 894-95 N Y App Div 1993 In this case the child-subject of an abuse proceeding was represented by an attorney during the proceeding but her attorney did not cross-examine respondent and failed to challenge or offer any evidence to support the child s allegations of abuse I The Court found that the child s rights at stake during the proceedings which could have restored primary custody to her alleged abuser were too great to allow her attorney to stand mute",yes,Yes "New York","M inors who are the subject of family court proceedings or appeals in proceedings originating in the family court should be represented by counsel of their own choosing or by assigned counsel N Y Fam Ct Act 241 Under N Y Fam Ct Act 249 a the court shall appoint counsel for a minor if independent legal representation is not available to such minor in child protective proceedings and permanency hearings Where these proceedings take place in the New York Supreme Court or Surrogate s Court the minor has the same rights to counsel as identified above N Y Jud Law 35 7 The Family Court also has discretion to appoint a law guardian for the child in other proceedings where such representation will serve the purposes of this act N Y Fam Ct Act 249 a In New York law guardians act as attorneys for minors advocating the minor s position as opposed to advocating the law guardian s view of what is in the best interest of the child See N Y Ct Rules 7 2 c d In juvenile delinquency and person in need of supervision proceedings where the child is the respondent the attorney for the child must zealously defend the child In other types of proceedings where the child is the subject the attorney for the child must zealously advocate the child s position Law guardians appointed under section 249 also continue their representation of the child in the event of an appeal N Y Fam Ct Act 1120 b Extended foster care matters In 2024 the legislature enacted SB 8724 providing a right to counsel to youth in certain delineated extended foster care matters stating in pertinent part T he court shall appoint an attorney to represent a youth who was formerly in foster care and is seeking to enforce an order made on their behalf before their twenty-first birthday while they were still in foster care if independent legal representation is not available to such youth Such representation shall continue for all further proceedings thereon including all motions and any related appeals N Y Fam Ct Act 249 c",yes,No "North Carolina","N C Gen Stat 7B-601 specifically covering abuse neglect proceedings specifies that children receive a guardian ad litem unless the GAL appointed is not an attorney at which point an attorney shall be appointed in the case in order to assure protection of the juvenile s legal rights throughout the proceeding Additionally the statute specifies that The appointment shall terminate when the permanent plan has been achieved for the juvenile and approved by the court meaning the appointment would apply to the termination of parental rights proceeding",yes,Yes "North Dakota","In 2021 North Dakota enacted a bill specifying that in child welfare cases which includes termination of parental rights Counsel for the child must be appointed regardless of income unless counsel is retained for the juvenile if the child is of sufficient age and competency to assist counsel",yes,Yes Ohio,"In 2019 the Supreme Court of Ohio amended Ohio Sup R 48 02 to address appointment of counsel for children in various situations D Separate appointments in abuse neglect dependency unruly and delinquency cases and cases of conflict 1 A court shall appoint a separate attorney to represent a child in abuse neglect dependency unruly and delinquency cases in which the wishes of the child differ from the recommendations of the guardian ad litem 2 If an attorney who has been appointed to serve as both guardian ad litem and attorney for the child or any other party believes that a conflict exists in the dual appointment the attorney or party shall immediately notify the court in writing with notice to the parties or affected agencies and request a separate appointment of a guardian ad litem and attorney for the child The court shall make such additional appointment or appointments or order or orders to remedy the conflict The court may also make such appointment or appointments on its own motion",discretionary,No Ohio,"According to Ohio Rev Code Ann 2151 352 Counsel must be provided for a child not represented by the child s parent guardian or custodian If the interests of two or more such parties conflict separate counsel shall be provided for each of them In In re Williams 805 N E 2d 1110 1111 1113 Ohio 2004 the Ohio Supreme Court clarified the statutory right to counsel of juveniles in proceedings to terminate parental rights under the statute and such clarification would apply to abuse neglect as well Specifically the Court explained that the juvenile may have a right to appointed counsel separate from that provided to his or her parents in certain circumstances The court presiding over the proceeding has the authority to make a case-by-case determination whether independent counsel for the juvenile is necessary based on the maturity of the juvenile and whether the juvenile s guardian ad litem can serve as both guardian ad litem and attorney without conflict Additionally in 2012 the court modified Juvenile Rule 3 to specify that when juveniles have a right to counsel it is un-waivable in certain circumstances and requires consultation with an attorney prior to waiver in other circumstances 6 Ohio Juv R 4 C 1 adds that When the guardian ad litem is an attorney the guardian may also serve as counsel to the ward providing no conflict between the roles exist",discretionary,No Oklahoma,"Okla Stat tit 10A 1-4-306 A 2 a provides The court may appoint an attorney or a guardian ad litem for the child when an emergency custody hearing is held provided that when a petition is filed alleging the child to be deprived the court shall appoint a separate attorney for the child who shall not be a district attorney regardless of any attempted waiver by the parent legal guardian or custodian of the child of the right of the child to be represented by counsel",yes,No Oregon,"Children or wards the subject of juvenile proceedings have t he right to have counsel appointed as otherwise provided by law Or Rev Stat 419B 875 2 b Appointment is mandatory for Indian children Or Rev Stat Ann 419B 647 1 If there is reason to know that a child in a proceeding under ORS chapter 419B is an Indian child a The court shall appoint counsel to represent the Indian child Appointment is discretionary for all other children or wards The Court may appoint counsel if the child is determined to be financially eligible This is true unless a request for counsel is made in which case the court must appoint an attorney for the child See Or Rev Stat Ann 419B 195 1",yes,Yes Pennsylvania,"For children in dependency proceedings 42 Pa Cons Stat Ann 6311 specifies that When a proceeding including a master s hearing has been initiated alleging that the child is a dependent child under paragraph 1 2 3 4 or 10 of the definition of dependent child in section 6302 relating to definitions the court shall appoint a guardian ad litem to represent the legal interests and the best interests of the child The guardian ad litem must be an attorney at law Additionally SB815 enacted in 2012 added 42 Pa Cons Stat Ann 6337 1 a which specifies that Legal counsel shall be provided for a child who is alleged or has been found to be a dependent child in accordance with the Pennsylvania Rules of Juvenile Court Procedure In turn Pa R J C P 1151 specifies that children are appointed a guardian ad litem for dependency-type proceedings and counsel for delinquency-type proceedings including truancy In In re J K M 2018 Pa Super LEXIS 721 Pa Super 2018 the court considered a case where the child s wishes to remain with the parent diverged from the guardian ad litem s recommendation that the child be removed The court observed that 42 Pa C S 6311 b 9 states A difference between the child s wishes under this paragraph and the recommendations under paragraph 7 relating to appropriateness and safety of the child s placement and services necessary to address the child s needs and safety shall not be considered a conflict of interest for the guardian ad litem But it pointed out that the Supreme Court suspended Section 6311 b 9 to the extent that it conflicts with Rule 1154 Pa R J C P No 1800 3 Rule 1154 in turn says that where there is a conflict between the GAL s recommendation and the child s wishes the guardian ad litem for the child may move the court for appointment as legal counsel and assignment of a separate guardian ad litem when for example the information that the guardian ad litem possesses gives rise to the conflict and can be used to the detriment of the child The court also pointed out that in In re L B M 161 A 3d 172 Pa 2017 the Supreme Court of Pennsylvania had held that separate counsel must be appointed in the termination of parental rights context when there is a conflict between the GAL and the wishes of the child Given that the child s wishes were ascertainable and expressed in the instant case the court held that this divergence of opinions between Child s legal interests and best interests presents a conflict as contemplated in L B M and Pa R J C P 1151 and 1154 Accordingly the GAL should have requested that the trial court appoint a separate GAL",yes,Yes "Rhode Island","R I Gen Laws 40-11-14 a only requires the appointment of a guardian ad litem for a child in an abuse neglect proceeding but a 2018 amendment adds In addition any young adult who is eligible for extended foster care pursuant to 14-1-6 c and who has executed a voluntary agreement for extension of care may request the appointment of guardian ad litem or court-appointed counsel An appointment shall be in the discretion of the court The cost of counsel in those instances shall be paid by the state",discretionary,Yes "South Carolina","For children in abuse and neglect proceedings appointment of a guardian ad litem is mandatory but appointment of counsel is discretionary In all child abuse and neglect proceedings 1 Children must be appointed a guardian ad litem by the family court A guardian ad litem serving on behalf of the South Carolina Guardian ad Litem Program or Richland County CASA must be represented by legal counsel in any judicial proceeding pursuant to Section 63-11-530 C 2 The family court may appoint legal counsel for the child Counsel for the child may not be the same as counsel for a the parent legal guardian or other person subject to the proceeding b any governmental or social agency involved in the proceeding c the child s guardian ad litem S C Code Ann 63-7-1620 1 2",discretionary,No "South Dakota","A court must appoint an attorney to represent a child in an abuse neglect proceeding and t he attorney for the child shall represent the child s best interests S D Codified Laws 26-8A-18 In addition 26-7A-31 confers on South Dakota courts the discretion to appoint an attorney for the child or any party without request if legal representation appears necessary to protect the interests of the child The county in which the proceeding occurs must pay for the expense of counsel in such cases according to the manner prescribed by the court A separate statutory provision requires appointment of a guardian ad litem GAL for the child i f a child has been adjudicated an abused or neglected child and is removed from the child s home with the child s parents guardian or custodian and allows appointment i f a child is an apparent or alleged abused or neglected child S D Codified Laws 26-8A-20 In People in the Interest of C R W the Supreme Court further explained the role of the child s attorney rejecting the argument that redundancy is created in having both the child s attorney and GAL represent the best interests of the child 962 N W 2d 730 S D 2021 It also rejected the argument that a conflict of interest is created when the child s attorney advocates for a position contrary to the child s wishes Where the attorney s determination of the child s best interests conflicts with the child s wishes ethical obligations simply require the attorney to present both views to the court Id at 742 Notably S D Codified Laws 26-7A-30 requires the court to notify parents and children of their constitutional and statutory rights including the right to be represented by an attorney In addition S D Codified Laws 26-8A-9 provides that upon receipt of report of suspected abuse neglect DSS investigates and court may appoint attorney to represent best interests of child",yes,Yes Tennessee,"Tenn Code Ann 37-1-126 states children are entitled to GALs for dependency proceedings Tenn Code Ann 37-1-149 also requires the court to appoint a GAL for the child Tn R S Ct Rule 40 b 1 defines guardian ad litem as a lawyer appointed by the court to advocate for the best interests of a child and to ensure that the child s concerns and preferences are effectively advocated",yes,Yes Texas,"In state-initiated abuse and termination of parental rights matters in Texas children have the right to both an attorney ad litem Tex Fam Code Ann 107 012 and a guardian ad litem Tex Fam Code 107 011 But a dual role is permitted In other words the attorney ad litem responsible for advocating for the child s wishes may also serve as guardian ad litem GAL responsible for best interest representation See e g Texas Family Code 107 011 b The guardian ad litem appointed for a child under this section may be an attorney appointed in the dual role The representation also extends to matters related to services participation Tex Fam Code Ann 264 203 as amended in 2021 states that where the department files suit requesting a temporary order for a member of the child s household including their parent managing conservator or guardian to participate in services and to permit the child and any siblings to receive services the court shall appoint an attorney ad litem to represent the interests of the child immediately after the filing but before the hearing to ensure adequate representation of the child The attorney ad litem for the child shall have the powers and duties of an attorney ad litem for a child under Chapter 107 264 203 g The attorney ad litem is tasked with represent ing the child s expressed objectives of representation and follow ing the child s expressed objectives of representation if the attorney ad litem determines that the child is competent to understand the nature of an attorney-client relationship and has formed that relationship with the attorney ad litem Tex Fam Code 1007 004 a emphasis added There are a variety of circumstances in which the attorney ad litem may substitute their own judgment for that of the child s See Tex Fam Code 1007 008 Accordingly we have classified the right to counsel as qualified",yes,Yes Utah,"Utah Code 80-3-104 3 specifies a In every an abuse neglect or dependency proceeding under this chapter the juvenile court shall order that the child be represented by an attorney guardian ad litem in accordance with Section 78A-2-803 b A guardian ad litem appointed under Subsection 3 a shall represent the best interest of the minor in accordance with the requirements of Section 78A-2-803 i at the shelter hearing and at all subsequent court and administrative proceedings including any proceeding for termination of parental rights in accordance with Chapter 4 Termination and Restoration of Parental Rights and ii in other actions initiated under this chapter when appointed by the court under Section 78A-2-803 or as otherwise provided by law",yes,Yes Vermont,"33 V S A 5112 a states The court shall appoint an attorney for a child who is a party to a proceeding brought under the juvenile judicial proceedings chapters Dependency proceedings are part of juvenile judicial proceedings as per 33 V S A 5102 14 and a child is a party to a dependency proceeding as per 33 VSA 5102 22 And in Vermont there is no separate termination statute instead termination is treated as one type of disposition for a dependency petition See 33 V S A 5318 a 5 5113 b modification of dependency order Consequently counsel that is assigned for the dependency for either the child or parent continues through the termination phase It is true that 13 V S A 5232 only requires appointment in juvenile court proceedings when the court deems the interests of justice require it for the child But Vt Stat tit 13 5202 adds that the protections provided by this chapter do not exclude any protection or sanction that the law otherwise provides So this provision should not override the requirement of 33 V S A 5112",yes,No Virginia,"For children in abuse neglect and termination of parental rights proceedings Va Code 16 1 266 A states Prior to the hearing by the court of any case involving a child who is alleged to be abused or neglected or who is the subject of a petition seeking termination of residual parental rights the court shall appoint a discreet and competent attorney-at-law as guardian ad litem to represent the child pursuant to 16 1 266 1 Subsection E adds In those cases described in subsections A B C and D which in the discretion of the court require counsel or a guardian ad litem to represent the child or children or the parent or guardian or other adult party in addition to the representation provided in those subsections a discreet and competent attorney-at-law may be appointed by the court as counsel or a guardian ad litem while subsection F adds In all other cases which in the discretion of the court require counsel or a guardian ad litem or both to represent the child or children or the parent or guardian discreet and competent attorneys-at-law may be appointed by the court However in cases where the custody of a child or children is the subject of controversy or requires determination and each of the parents or other persons claiming a right to custody is represented by counsel the court shall not appoint counsel or a guardian ad litem to represent the interests of the child or children unless the court finds at any stage in the proceedings in a specific case that the interests of the child or children are not otherwise adequately represented Additionally for youth in foster care who voluntarily choose to continue in foster care for ages 18-21 the court may appoint counsel or a guardian ad litem for the youth if there is a petition for review of the voluntary services support agreement Va Code 16 1-283 3",yes,Yes Washington,"In 2021 the Washington State Legislature enacted HB 1219 which guarantees appointed counsel for children in dependency and termination of parental rights cases codified at Wash Rev Code Ann 13 34 090 3 The right will be phased in over 6 years and coordinated through the state s Office of Civil Legal Aid phase-in schedule found at 13 34 212 3 c For children who are younger than eight years old the court s obligation to appoint only triggers upon the filing of a termination of parental rights petition although the court retains the power to appoint counsel for young children in the dependency matter prior to the filing of the termination petition Wash Rev Code Ann 13 34 212 3 a i For children over the age of eight appointment must be made upon the filing of a new dependency petition at or before the commencement of the shelter care hearing Wash Rev Code Ann 13 34 212 3 a ii",yes,Yes Washington,"In Lee v Dept of Social Health Services the Washington Court of Appeals Division One held that the trial court erred when it failed to appoint independent counsel for a child in a dependency proceeding 404 P 3d 575 Wash App 2017 The Court of Appeals rejected the trial court s conclusion that attorneys for the child s parents adequately represented the child The court pointed out that an attorney for the child could have brought a number of claims on behalf of the child who had serious health issues such as seeking medical services prior to the child s removal from the family home and that such an attorney could have broadened the scope of appointment by seeking appointment as a reasonable accommodation under the Americans with Disabilities Act such appointments are explicitly authorized in Washington State via Court Rule GR-33 Turning to the authority for such appointment the court noted that the juvenile courts have discretion to appoint counsel for any child pursuant to RCW 13 34 100 7 a and that in In re Dependency of MSR 271 P 3d 234 Wash 2012 the Supreme Court of Washington held that trial courts weighing whether to exercise such discretion should look at the private interests at stake the government s interest and the risk of erroneous deprivation In this case the trial had not done any such analysis and the Court of Appeals determined that the balance of factors weighed in favor of representation in part due to the unique circumstances of the child s medical conditions",discretionary,No Washington,"Washington SB 6126 created a right to counsel for dependent children within 6 months after a petition to terminate parental rights is granted It is codified as Wash Rev Code 13 34 212 1",yes,Yes Washington,"The court has discretion to appoint counsel for any child upon the court s own initiative or by request of anyone and the state must inform children twelve or older of their right to request counsel Wash Rev Code 13 34 100 7 see also Wash Rev Code 13 34 212 2 a The court may appoint an attorney to represent the child s position in any dependency action on its own initiative or upon the request of a parent the child a guardian ad litem a caregiver or the department In an unpublished decision from the Court of Appeals of Washington Division 2 In re J A the appellants argued that the trial court abused its statutory discretion under Wash Code 13 34 100 in failing to appoint counsel for a foster child No 45134 4 II 2014 WL 2601713 Wash Ct App June 10 2014 unpublished They also argued that the child and all children have a due process right to counsel under both the federal and state constitutions The Court of Appeals ruled that the trial court had abused its discretion under the statute in not appointing counsel given the lack of stable placement for the child and the general risks of error in dependency proceedings but chose not to reach the larger constitutional question In finding the abuse of discretion the court applied the Mathews v Eldridge factors to the statute and found that the foster child had both family and physical liberty interests at stake plus the trial court s earlier determination that the foster child was currently in a safe placement had been called into question by a change of facts The court also reasoned that the risk of error in dependency proceedings is generally high and that guardian ad litems GALs Child Appointed Special Advocates CASAs cannot protect the legal interests of the child View the documents from the case by visiting our comprehensive bibliography section on J A ----------------------------------- Note Unpublished decisions are included here for illustrative purposes only Wash Gen R Rule 14 1 a indicates that unpublished opinions have no precedential value and are not binding but unpublished opinions of the Court of Appeals filed on or after March 1 2013 may be cited as non-binding authorities if identified as such by the citing party and may be accorded such persuasive value as the court deems appropriate",discretionary,No "Washington D.C.","The D C Court of Appeals extended the right to counsel for delinquent children in proceedings outside the delinquency court In re N H M 224 A 3d 581 D C 2020 The question was whether the statutory right to counsel for children in delinquency proceedings under D C s Criminal Justice Act CJA extends to situations where a judge commits the delinquent child to the custody of the Department of Youth Rehabilitation Services DYRS and the DYRS has subsequent administrative proceedings although the delinquency court retains jurisdiction In In re N H M the delinquency judge appointed a lawyer for the child in the DYRS proceedings but told the appointed lawyer that she would not be compensated under the CJA for the DYRS proceedings since the CJA did not extend that far The D C Court of Appeals noted that the CJA right to counsel extends to delinquency and ancillary proceedings and held that the DYRS proceedings were ancillary under the definition of the CJA Id at 587-88 The court also rejected the government s argument that this situation was analogous to postconviction proceedings where adult prisoners lack a right to counsel An important distinction between the adult and juvenile system developed in furtherance of these goals is that the court maintains jurisdiction over the child s case for the entirety of their commitment D C Code 16-2303 to ensure they are receiving appropriate services and are in the appropriate level of placement D C Code 16-2323 h Id at 589",yes,Yes "Washington D.C.","Children have a right to the appointment of a guardian ad litem who is an attorney in abuse neglect proceedings D C Code 16-2304 b 5 The GAL s role is to represent the child s best interests Under SCR Neglect and Abuse Rule 42 the court has the ability to appoint a separate attorney as well SCR Neglect and Abuse Rule 42 An attorney shall be appointed to serve as guardian ad litem for a child or children alleged to be neglected and the Court may in addition appoint an attorney to represent such child or children",yes,Yes "West Virginia","For child welfare proceedings W Va Code 49-4-601 f states 1 In any proceeding under this article the child shall have counsel to represent his or her interests at all stages of the proceedings 2 The court s initial order shall appoint counsel for the child and for any parent guardian custodian or other person standing in loco parentis with the child if such person is without retained counsel 5 Under no circumstances may the same attorney represent both the child and another party The same attorney may not represent more than one parent or custodian Provided That one attorney may represent both parents or custodians where both parents or custodians consent to this representation after the attorney fully discloses to the client the possible conflict and where the attorney advises the court that she or he is able to represent each client without impairing her or his professional judgment If more than one child from a family is involved in the proceeding one attorney may represent all the children 6 A parent who is a co-petitioner is entitled to his or her own attorney 7 The court may allow to each attorney appointed pursuant to this section a fee in the same amount which appointed counsel can receive in felony cases 8 The court shall sua sponte or upon motion appoint counsel to any unrepresented party if at any stage of the proceedings the court determines doing so is necessary to satisfy the requirements of fundamental fairness Also when the state is placing a child outside the home through a voluntary placement agreement with the parents the child has a mandatory right to counsel W Va Code 49-2-16 It is unclear from the statute whether the attorney represents the stated interests or the best interests of the child which is why the state is classified as having a qualified right to counsel",yes,Yes Wisconsin,"Any child alleged to be in need of protection or services under Wis Stat Ann 48 13 may be represented by counsel at the discretion of the court 48 23 1m b 1 In addition 48 23 3 states that at any time upon request or on its own motion the court may appoint counsel for the child or any party unless the child or the party has or wishes to retain counsel of his or her own choosing Under 48 23 1m b 2 a child alleged to be in need of protection or services under 48 13 must be represented in the following circumstances If the petition is contested the court may not place the child outside his or her home unless the child is represented by counsel at the fact-finding hearing and subsequent proceedings If the petition is not contested the court may not place the child outside his or her home unless the child is represented by counsel at the hearing at which the placement is made For a child under 12 years of age the judge may appoint a guardian ad litem instead of counsel For any child alleged to be in need of protection or services under 48 13 3 3m 10 10m and 11 the court shall appoint counsel except that if the child is less than 12 years of age the court may appoint a guardian ad litem instead of counsel Wis Stat Ann 48 23 3m In addition the guardian ad litem or counsel for the child may not act as counsel for any other party or any governmental or social agency involved in the proceeding and may not act as court-appointed special advocate for the child in the proceeding Wis Stat Ann 48 23 3m Wis Stat Ann 48 235 2 specifies that the guardian ad litem shall be an attorney admitted to practice in this state Waiver Wis Stat Ann 48 23 1m b 1 states that except as provided in subd 2 a child 15 years of age or older may waive counsel if the court is satisfied such waiver is knowingly and voluntarily made and the court accepts the waiver There is no similar waiver language in Wis Stat Ann 48 23 3m which governs the provision of counsel for children alleged to be in need of protection or services under 48 13 3 3m 10 10m and 11",yes,Yes Wyoming,"Wyo Stat Ann 14-3-211 a provides that The court shall appoint counsel to represent any child in a court proceeding in which the child is alleged to be abused or neglected Any attorney representing a child under this section shall also serve as the child s guardian ad litem unless a guardian ad litem has been appointed by the court See DB v MM In re Parental Rights to Child X 617 P 2d 1078 1079 Wyo 1980 if child not appointed attorney to represent child s best interests in abuse neglect court proceedings then proceedings are fatally defective and substantive issues must be remanded to repair error When a child is taken into temporary protective custody placed into detention or placed into shelter care a shelter care or informal detention hearing must be held as soon as reasonable possible Wyo Stat Ann 14-3-409 a 14-6-409 a 14-6-209 a West 2013 In said hearings the judge must advise the child of the right to counsel Wyo Stat Ann 14-3-409 b ii 14-6-409 b ii 14-6-209 b ii West 2013 In March 2023 Wyoming enacted the Wyoming Indian Child Welfare Act Wyo Stat Ann 14-6-701 et seq which mirrors the federal ICWA providing that an Indian child may be appointed counsel in any shelter care placement or termination proceeding Wyo Stat Ann 14-6-704 b The court may in its discretion appoint counsel for the child upon a finding that the appointment is in the child s best interests However the previously cited more protective provisions would control providing Indian children the same right to counsel enjoyed by other children in shelter care placement hearings Wyo Stat Ann 14-3-409 b ii 14-6-409 b ii 14-6-209 b ii West 2013",yes,Yes