Idaho
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Categorical
Abuse/Neglect/Dependency - Accused Parents
Court Rule or Initiative
Key Development
Right to counsel
A court rule goes beyond the statute and guarantees counsel for indigent parents in abuse/neglect cases.
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Qualified
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Right to counsel
In abuse and termination cases, the court must appoint counsel for children 12 or older, as well as for children under 12 if there is no GAL.
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Court Rule or Initiative
Key Development
Discretionary appointment of counsel
A court may appoint counsel for a child in an abuse or termination matter.
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No Such Proceeding
Adult Protective Proceedings - Protected Person
Legislation
Categorical
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
Key Development
Right to counsel
The court must provide counsel for a minor seeking to bypass the parental consent requirement for abortion.
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Categorical
Civil Commitment
Legislation
Key Development
April 2, 2024
Right to counsel
There is a right to counsel for respondents in civil commitment proceedings, including for juveniles and developmentally disabled persons.
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Litigation
Key Development
Right to counsel
The Idaho Supreme Court found a 14th Amendment right to counsel in hospitalization proceedings.
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Qualified
Custody Disputes - Children
Legislation
Key Development
March 28, 2024
Discretionary appointment of counsel or GAL
The court may appoint counsel or a guardian ad litem for a minor in a private custody dispute arising in a divorce.
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Discretionary
Domestic Violence - Accused Person
Legislation
Key Development
Discretionary appointment of counsel
The court may provide for paid counsel for either side in DV cases in certain circumstances.
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Discretionary
Domestic Violence - Alleged Victim
Legislation
Key Development
Discretionary appointment of counsel
The court may provide for paid counsel for either side in domestic violence cases in certain circumstances.
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Qualified
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to counsel
There is a right to counsel in various types of guardianship situations, although in some cases the attorney serves in an ad litem role.
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Qualified
Guardianship/Conservatorship of Children - Child (incomplete)
Legislation
Key Development
Right to Counsel
Minors may have the right to an attorney in certain guardianship matters.
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Categorical
Incarceration for Fees/Fines (incomplete)
Legislation
Key Development
Right to counsel
The public defender shall provide representation to indigent persons in civil contempt matters where incarceration is sought.
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Categorical
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
Right to counsel
There is a right to counsel in certain involuntary medical treatment contexts.
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No Such Proceeding
Sexually Dangerous Persons - Commitment
Legislation
No such proceeding
There is no procedure in the state for confinement of a sexually dangerous/violent person.
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Categorical
Sterilization
Legislation
Key Development
Right to counsel
Indigent persons have a right to counsel in sterilization proceedings.
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Qualified
Termination of Parental Rights (Private) - Birth Parents
Legislation
Key Development
Right to counsel
There is an arguable statutory right to counsel for parents in adoption proceedings.
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Qualified
Termination of Parental Rights (Private) - Children
Legislation
Key Development
Right to counsel
Children have a right to counsel in adoption proceedings only where consolidated with a termination of parental rights proceeding.
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Categorical
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
Right to counsel
Indigent parents are entitled to counsel in termination of parental rights cases upon request, and are entitled to be notified of this right.
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Qualified
Termination of Parental Rights (State) - Children
Legislation
Key Development
Right to counsel
In abuse and termination cases, the court must appoint counsel for children 12 or older, as well as for children under 12 if there is no GAL.
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Court Rule or Initiative
Key Development
Discretionary appointment of counsel
A court may appoint counsel for a child in an abuse or termination matter.
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Qualified
Truancy - Petition Against Child
Legislation
Key Development
Right to counsel
A child's right to counsel in truancy proceedings depends on the age of the child.
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