"RTC 50-state summary - Sterilization" State,Description,"Establishes right to counsel",Qualified Alabama,"In Hudson v Hudson 373 So 2d 310 311 1979 the court held that absent specific statutory authorization the inherent equity power of the circuit court over both incompetents and minors did not include the power to order a surgical sterilization","no such proceeding",No Arizona,"Former 36-536 enacted as part of the revision effective January 9 1956 derived from Laws 1929 Ch 44 2 Code 1939 8-402 and relating to action by board of medical examiners upon petition for sexual sterilization of state hospital inmate was repealed by Laws 1974 Ch 185 1 effective October 15 1974","no such proceeding",No California,"For involuntary sterilization Cal Prob Code 1958 provides a procedure for a conservator of a person to consent to sterilization while Cal Prob Code 1951 adds that No person who has the ability to consent to his or her sterilization shall be sterilized pursuant to this chapter Cal Prob Code 1954 provides that in any proceeding under this chapter if the person named in the petition for court authorization to consent to sterilization has not retained legal counsel and does not plan to retain legal counsel the court shall immediately appoint the public defender or private counsel to represent the individual for whom sterilization is proposed Counsel shall undertake the representation with the presumption that the individual opposes the petition",yes,No Colorado,"Colo Rev Stat 25 5-10-233 2 provides that Upon petition to the court the court shall appoint an attorney who will represent the interests of the person with an intellectual and developmental disability",yes,No Connecticut,"Conn Stat 45a-694 provides Upon the filing of an application for a determination of an individual s ability to give informed consent to sterilization the court shall appoint legal counsel to represent any respondent who has not selected a counsel to represent such respondent in response to the application Such legal counsel shall be from a panel of attorneys admitted to practice in this state provided by the Probate Court Administrator in accordance with regulations promulgated by the Probate Court Administrator in accordance with section 45a-77 In establishing such panel the Probate Court Administrator shall seek recommendations from the Office of Protection and Advocacy for Persons with Disabilities which may be included in such panel The reasonable compensation of an appointed legal counsel shall be established by the court Such compensation shall be charged to the respondent provided if the court finds such respondent is unable to pay such compensation it shall be paid from the Probate Court Administration Fund",yes,No Delaware,"Previously sections 5701 through 5716 of Title 16 of the Delaware Code addressed involuntary sterilization proceedings in Delaware Two provisions were relevant to the respondent s right to counsel in such proceedings though it was not clear whether a right to appointed counsel was contemplated While Section 5710 of Title 16 of the Delaware Code stated Any person for whom sterilization is sought shall have the following procedural rights 1 The right to counsel section 5709 a indicated that t he Court shall appoint a guardian ad litem or attorney or both for the respondent emphasis added And because Chapter 57 did not define guardian ad litem it was not clear whether the GAL had to be an attorney See 16 Del 5701 Regardless the Delaware legislature repealed sections 5701 through 5716 in 2023 through SB 153 so there is seemingly no such proceeding any longer","no such proceeding",Yes Georgia,"Ga Code Ann 31-20-3 c 7 provides that for sterilization proceedings The person alleged to be subject to this Code section shall have the right to counsel at all stages of the proceedings provided for in this Code section However there is no mention of appointment of counsel so the intent is unclear",yes,Yes Idaho,"The Idaho Code section dealing with health and safety includes a provision that allows any interested person to alleg e that an individual meets the requirements for sterilization Idaho Code Ann 39-3904 Once a petition for sterilization is filed counsel must be provided Persons subject to this chapter shall have counsel at all stages of the proceedings provided for in this chapter Unless independently provided for by the persons subject to this chapter counsel shall be appointed by the district court which shall also conduct an investigation to determine whether or not the person has funds in trust or otherwise to pay reasonable compensation to counsel If the investigation discloses that the person is without such funds the court shall order that counsel be paid reasonable compensation at public expense Idaho Code Ann 39-3905 As to sterilization of wards guardians and conservators of adults with developmental disabilities cannot without court approval c onsent to medical or surgical treatment that results in sterilization unless it is necessary to protect the physical health of the respondent and would be prescribed for a person who does not have a developmental disability Idaho Code Ann 66-405 10 a Although Idaho Code Ann 66-404 3 provides a right to counsel upon the filing of a petition for guardianship of developmentally disabled person it is not clear whether this right extends to other hearings such as those regarding court approval of certain medical decisions",yes,No Illinois,"When sterilization of a ward of the state is sought the ward has a right to appointed counsel upon request if the ward objects to sterilization or if the ward takes a position contrary to that of the court-appointed guardian ad litem 755 Ill Comp Stat 5 11a-17 1 d The statute adds that the court also has discretion to appoint even without a request by the ward if the court finds that the interests of the ward will be best served The court must inform the ward of this right to obtain appointed counsel and may allow the counsel reasonable compensation",yes,No Kansas,"Kansas provides the right to counsel for some but not all sterilization proceedings Kan Stat Ann 59-3075 e 5 provides that a guardian may not consent to sterilization unless approved by the court following a due process hearing held for the purposes of determining whether to approve such and during which hearing the ward is represented by an attorney appointed by the court But for minors Kan Stat Ann 38-2272 d 4 provides that a court may impose limits on an appointed permanent custodian of a child to consent to sterilization suggesting that the power exists and can be exercised where authorized without appointment of counsel",yes,Yes Maine,"For sterilization proceedings Me Rev Stat Ann tit 34-B 7013 2 states The person being considered for sterilization shall be represented by counsel and provided the right and opportunity to be confronted with and to cross-examine all witnesses The right to counsel may not be waived If the person cannot afford counsel the court shall appoint an attorney not less than 20 days before the scheduled hearing to represent the person at public expense A reasonable fee shall be set for appointed counsel by the District Court",yes,No Minnesota,"Minnesota provides a right to counsel for those subjected to sterilization Minn Stat 524 5-313 c 4 specifies i a guardian has the power to give any necessary consent to enable the person subject to guardianship to receive necessary medical or other professional care counsel treatment or service except that no guardian may give consent for psychosurgery electroshock sterilization or experimental treatment of any kind unless the procedure is first approved by order of the court as provided in this clause ii A guardian who believes a procedure described in item i requiring prior court approval to be necessary for the proper care of the person subject to guardianship shall petition the court for an order and in the case of a public guardianship under chapter 252A obtain the written recommendation of the commissioner of human services The court shall fix the time and place for the hearing and shall give notice to the person subject to guardianship in such manner as specified in section 524 5-308 and to interested persons The court shall appoint an attorney to represent the person subject to guardianship who is not represented by counsel provided that such appointment shall expire upon the expiration of the appeal time for the order issued by the court under this section or the order dismissing a petition or upon such other time or event as the court may direct",yes,No Mississippi,"The Mississippi sterilization statute was repealed in 2008.","no such proceeding",No Missouri,"In Miller v Russell 593 S W 2d 598 602 Mo Ct App 1979 the court stated Nor for that matter do we find any constitutional or statutory provision empowering any court in this state to order the involuntary sterilization of any person","no such proceeding",No Montana,"The “Eugenical Sterilization” laws were repealed by Laws 1981, ch. 286, § 1.","no such proceeding",No Nebraska,"Neb. Stat. § 83-501 to 83-508 (sterilization laws) were repealed by Laws 1969, ch. 825, § 1.","no such proceeding",No Nevada,"Nev Rev Stat Ann 159 0806 2 enacted in 2019 provides that a guardian must apply for court approval to sterilize a protected person and that Unless an attorney or a guardian ad litem has already been appointed after a guardian applies to the court for the authority to consent to the sterilization of a protected person the court shall appoint a An attorney to represent the protected person and b A guardian ad litem to make recommendations on behalf of the protected person",yes,No "New Jersey","Patients have a right to counsel at any proceeding relating to subjecting a patient to sterilization N J Stat Ann 30 4-24 2 d 2 The statute adds that if a patient cannot afford counsel the court shall appoint an attorney not less than 10 days before the hearing and the appointed attorney shall be entitled to a reasonable fee to be determined by the court and paid by the county from which the patient was admitted",yes,No "New Mexico","There appears to be no statute or caselaw addressing sterilization. ","no such proceeding",No "North Carolina","If a guardian seeks sterilization of their ward N C Gen Stat 35A-1245 c provides that If the ward is unable to comprehend the nature of the proposed procedure and its consequences and is unable to provide an informed consent the clerk shall appoint an attorney to represent the ward in accordance with rules adopted by the Office of Indigent Defense Services",yes,No Ohio,"Ohio Rev Code Ann 5123 86 provides that the sterilization of a person in mental health facility is not allowed without informed consent but if a protected person is not capable of consent the guardian can do so If there is no guardian the court can approve the recommendation of the chief medical officer of the facility but the protected person has the right to appointed counsel if indigent to contest the recommendation of the chief medical officer",yes,Yes Oklahoma,"There does not appear to be a statute or caselaw authorizing sterilization in Oklahoma.","no such proceeding",No Oregon,"Or Rev Stat Ann 436 265 which covers sterilization proceedings states 1 If the respondent requests counsel but is determined to be financially eligible for appointed counsel at state expense the court shall appoint suitable counsel to represent the respondent at state expense 2 If the respondent is not represented by counsel and appears to be unable to request counsel the court shall appoint suitable counsel to represent the respondent 3 Counsel appointed by the court shall be paid compensation as provided in ORS 135 055 When the court appoints counsel and the respondent is without sufficient financial means to employ counsel the compensation for counsel and reasonable expenses of investigation preparation and presentation paid or incurred shall be determined and paid as provided in ORS 135 055",yes,No Pennsylvania,"A guardian cannot consent for certain medical treatment including abortion sterilization and experimental medical procedures nor to marriage or divorce unless specifically included in the guardianship order after specific findings of fact or otherwise ordered after a subsequent hearing 20 Pa Stat Ann 5521 d emphasis added In proceedings to establish guardianship the alleged incapacitated person has the right to request the appointment of counsel and to have counsel appointed if the court deems it appropriate and the right to have such counsel paid for if it cannot be afforded 20 Pa Stat Ann 5511 a According to 20 Pa Stat Ann 5512 2 b the same rights given in guardianship establishment proceedings apply to review proceedings which means the discretionary appointment of counsel system should apply as well and review proceedings likely include hearings related to consent for sterilization given the broad statutory language Pa Stat Ann 5512 2 a The court shall conduct a review hearing promptly if the incapacitated person guardian or any interested party petitions the court for a hearing to act in the best interest of the incapacitated person",discretionary,No "Rhode Island","There does not appear to be a statute or court decision authorizing sterilization in Rhode Island.","no such proceeding",No "South Dakota","S.D. Codified Laws § 27A-12-3.11 provides that sterilization cannot be ordered for a person incapable of providing consent.","no such proceeding",No Tennessee,"There appears to be no statutory or caselaw authority for sterilization in Tennessee. ","no such proceeding",No Texas,"In Frazier v Levi 440 S W 2d 393 393 95 Tex Civ App 1969 the court held there was neither statutory nor constitutional authority for a court to authorize a sterilization","no such proceeding",No Utah,"There is a right to an attorney-GAL (rather than counsel) in involuntary sterilization proceedings.",yes,Yes Vermont,"Vermont provides for the right to counsel for intellectually disabled adults prior to involuntary sterilization If the sterilization petition states that the respondent is unable to pay for counsel the court shall appoint counsel to be paid by the state or set a hearing for a determination of respondent s ability to pay for counsel 18 V S A 8710 A court rule also provides for the appointment of counsel Vermont Family Proceedings Rule 6 1 which applies to all proceedings involving adults under 18 V S A Chapter 204 Sterilization states In all proceedings to which this rule applies the court shall assign counsel pursuant to Administrative Order No 32 to represent the respondent unless counsel has been retained by that person Vt R Fam Pro R 6 1 b",yes,No Virginia,"Va Code Ann 54 1-2975 2 provides that the court must appoint counsel for a child in a proceeding regarding sterilization of a child between the ages of 14 and 18 Per Va Code Ann 54 1-2974 it does not appear to be possible to sterilize an adult absent informed consent",yes,No Washington,"In In re Guardianship of K M 816 P 2d 71 74-75 Wash Ct App 1991 the court found that the trial court had erred in not appointing counsel under 11 88 045 for an incapacitated minor in a proceeding where her parents sought to be appointed as guardians so that they could consent to her sterilization The minor had been appointed a guardian ad litem GAL but the GAL had advised against appointment of counsel had waived a number of the minor s rights and had generally acted in a non-adversarial manner The court of appeals agreed and said that under 11 88 045 alleged incompetents are entitled to independent legal counsel It noted the severity of a decision to sterilize and held Given the fundamental right at issue here and the lack of adversarial testing of the relevant considerations to be weighed we hold that the trial court erred by failing to appoint independent counsel for K M In such a case independent counsel should be appointed when it becomes apparent to the trial court either upon review of the guardian ad litem s report or at any point during the hearing that the appointment is necessary in order to ensure a thorough adversary exploration of the issues",yes,No "Washington D.C.","Absent express authority through the order of appointment or after subsequent hearing and order of the court a guardian does not have the power t o consent to sterilization except to preserve the life or prevent the immediate serious impairment of the physical health of the incapacitated individual D C Code 21-2047 01 Pursuant to D C Code Ann 21-2041 the respondent to a guardianship petition has the right to counsel After the filing of a petition the court shall set a date for hearing on the issue of incapacity so that notice may be given as required by section 21-2042 and unless the allegedly incapacitated individual is represented by counsel the court shall appoint an attorney to represent the individual in the proceeding emphasis added This right presumably attaches then to hearings in which a guardian seeks the power to consent to the sterilization of the alleged incapacitated or protected person",yes,No "West Virginia","West Virginia statutes only allow sterilization in situations involving consent and not of those who are ""incompetent"" or minors.","no such proceeding",No