Kentucky
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Qualified
Abuse/Neglect/Dependency - Accused Parents
Legislation
Key Development
Right to counsel
Indigent custodial parents are entitled to counsel in dependency proceedings following the initial temporary removal hearing.
Read More
Litigation
Key Development
August 5, 2022
KY appeals court: Denial of counsel for noncustodial parent was reversible error
The Kentucky Court of Appeals held that the failure to appoint counsel in a dependency proceeding required reversal of the termination order.
Read More
Categorical
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Right to counsel
Children have a right to counsel in dependency proceedings.
Read More
Qualified
Adult Protective Proceedings - Protected Person
Legislation
Key Development
Right to counsel - For removal and replacement of guardian
Services are provided by consent absent an emergency. If removal and replacement of a guardian is sought, there is a likely right to counsel.
Read More
Qualified
All Basic Human Needs
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for any indigent litigant in a civil case.
Read More
Categorical
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
Key Development
Right to counsel
A minor seeking to bypass the parental consent requirement for abortion has a right to counsel upon request.
Read More
Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel for the subject of various civil commitment proceedings, including for minors.
Read More
Key Development
Right to "qualified and independent assistance"
Intellectually disabled people whose guardians seek to admit them have the right to "qualified and independent assistance."
Read More
Litigation
Key Development
Right to counsel
The Kentucky Supreme Court found a due process and equal protection right to counsel in civil commitment cases.
Read More
Categorical
Civil Contempt in Family Court
Legislation
Key Development
Right to counsel
A court has interpreted a Kentucky statute to require counsel for indigent defendants in civil contempt cases.
Read More
Litigation
Key Development
Right to counsel
The Kentucky Supreme Court has found a Fourteenth Amendment due process right to counsel in civil contempt cases.
Read More
Other
Custody Disputes - Parents
Litigation
Court of Appeals declines to find right to counsel
Though parents have a fundamental right in raising their children, this does not translate into a right to counsel in custody cases.
Read More
Other
Divorce
Litigation
High court declines to extend right to counsel
In a case from Kentucky's highest court in 1961, the court declined to extend the right to counsel to divorce matters.
Read More
Qualified
Domestic Violence - Accused Person
Court Rule or Initiative
Key Development
August 26, 2021
Kentucky high court finds that unrepresented minors are entitled to an attorney ad litem
Pro se minor parties in interpersonal protective order (IPO) and domestic violence order (DVO) cases have a right to an attorrney ad litem.
Read More
Qualified
Domestic Violence - Alleged Victim
Court Rule or Initiative
Key Development
August 26, 2021
Right to an attorney ad litem
Pro se minor parties in interpersonal protective order (IPO) and domestic violence order (DVO) cases have a right to an attorrney ad litem.
Read More
Qualified
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to counsel
Unrepresented respondents in temporary and permanent guardianship / conservatorship establishment matters have the right to counsel.
Read More
Key Development
January 3, 2024
Bill would have provided right to counsel for guardianship termination and modification
The state Senate bill would have removed any ambiguity about whether a protected person is entitled to counsel in these matters.
Read More
Qualified
Guardianship/Conservatorship of Children - Child (incomplete)
Legislation
Key Development
Discretionary appointment of attorney ad litem
The court may appoint an attorney to serve in a guardian ad litem (GAL) role for a minor respondent in a guardianship/conservatorship matter.
Read More
Discretionary
Housing - Discrimination
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for either side in a housing discrimination case.
Read More
Qualified
Housing - Evictions
Legislation
Key Development
February 3, 2023
All about Louisville's eviction right to counsel
Louisville is first the Southern city to enact an eviction right to counsel.
Read More
Qualified
Incarceration for Fees/Fines (incomplete)
Litigation
Key Development
Right to counsel
The high court has found a Fourteenth Amendment due process right to counsel in civil contempt cases.
Read More
Legislation
Key Development
Right to counsel
A court interpreted a Kentucky statute to require counsel for indigent defendants in civil contempt cases.
Read More
Categorical
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
Right to counsel
Respondents have a right to counsel in involuntary treatment matters due to mental health and substance dependency.
Read More
Qualified
Issues Related to Incarcerated People
Court Rule or Initiative
Key Development
Right to attorney guardian ad litem - Incarcerated persons failing to defend
A court must appoint an attorney as guardian ad litem for any incarcerated person that fails to defend against a civil action.
Read More
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.
Read More
Qualified
Termination of Parental Rights (Private) - Birth Parents
Legislation
Key Development
Discretionary appointment of counsel
There is an arguable right to counsel in adoption proceedings, but at the least there is a discretionary appointment system.
Read More
Qualified
Termination of Parental Rights (Private) - Children
Legislation
Key Development
Right to counsel
There is an arguable right to counsel for children in adoption cases.
Read More
Categorical
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
Right to counsel
Indigent parents have a right to counsel upon request in involuntary termination of parental rights proceedings.
Read More
Litigation
Key Development
Due process requires counsel at critical stages
The Kentucky Court of Appeals has suggested there is a due process right to counsel at critical stages of termination of parental rights cases.
Read More
Qualified
Termination of Parental Rights (State) - Children
Legislation
Key Development
Right to counsel
Children have a right to an attorney ad litem in termination of parental rights cases.
Read More
Categorical
Truancy - Petition Against Child
Legislation
Key Development
Right to counsel
There is a right to counsel for indigent children in truancy (treated as a status offense) and a right for all children facing detention.
Read More
Qualified