Minnesota
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
Legislation
Key Development
August 3, 2021
Minnesota makes parent counsel mandatory in abuse/neglect cases
A 2021 bill changed the law such that appointment of counsel for parents in abuse/neglect cases is mandatory, not discretionary.
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Key Development
May 20, 2024
Minnesota strengthens right to counsel for Indian custodians and parents of Indian children
An indigent parent or parents or Indian custodians have the right to counsel in any state child placement matter.
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Key Development
May 21, 2024
Minnesota enacts law to protect Black families
Minnesota has finally enacted the "Minnesota African American Family Preservation and Child Welfare Disproportionality Act."
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Qualified
Abuse/Neglect/Dependency - Children
Legislation
Key Development
June 1, 2017
Minnesota passes bill strengthening child's right to counsel
A 2017 bill strengthened the right to appointed counsel for Minnesota children 10 and over in abuse and TPR cases.
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Key Development
May 20, 2024
Minnesota passes bill strengthening right to counsel for Indian children
Indian children in any state child placement proceeding have the right to counsel if they are 10 years of age or older.
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No Such Proceeding
Adult Protective Proceedings - Protected Person
Legislation
No such proceeding
It appears that services must be provided consensually, but the social services agencies may pursue other legal matters on the adult's behalf.
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Qualified
All Basic Human Needs
Legislation
Key Development
Discretionary appointment of counsel - Discrimination cases
A statute provides courts with the discretionary power to appoint counsel in a case involving discrimination.
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Court Rule or Initiative
Key Development
November 21, 2014
Minnesota Supreme Court essay contest focuses on civil right to counsel
The Minnesota Supreme Court Historical Society's 2014 essay contest for high school students was about civil right to counsel.
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Miscellaneous
Key Development
November 20, 2018
NCCRC Coordinator delivers keynote speech in Minnesota
NCCRC Coordinator John Pollock delivered a keynote speech on right to counsel to an audience of 400 people in Minnesota in November.
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Qualified
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
Key Development
Right to counsel
There is a right to counsel for minors bypassing parental notification for abortion that will exist only if the notice provision is enjoined.
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel for respondents in civil commitment proceedings.
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Qualified
Civil Contempt in Family Court
Litigation
Key Development
Right to counsel
The Minnesota Supreme Court recognized a right to counsel in certain child support civil contempt cases, pursuant to its supervisory power.
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Court Rule or Initiative
Key Development
Right to counsel
There is a right to counsel in Minnesota child support contempt proceedings where incarceration is a potential outcome.
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Categorical
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to counsel
There is a right to counsel for the proposed ward in a guardianship proceeding.
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Qualified
Guardianship/Conservatorship of Children - Child (incomplete)
Legislation
Key Development
Right to counsel - Temporary and emergency conservatorships
The court must appoint counsel for minors in emergency and temporary conservatorship cases and seemingly may appoint in other matters.
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No Such Proceeding
Guardianship/Conservatorship of Children - Parent or Guardian
Legislation
No such proceeding - Guardianship (Plenary)
The court may appoint a plenary guardian of a minor if both parents are deceased or if all parental rights have been terminated by court order.
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Doesn't Affect
Housing - Evictions
Report
December 8, 2018
Report: Hennepin County MN tenants w/rep 2x more likely to stay in homes
A report on tenant representation Mid-Minnesota Legal Aid found that tenants experienced far better outcomes with counsel.
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Legislation
May 19, 2023
Minnesota creates limited statewide tenant right to counsel
A bill enacted in 2023 provides a right to counsel for public housing tenants threatened with eviction for an alleged breach of lease.
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October 11, 2021
Minneapolis is 12th city to guarantee counsel for tenants
Minneapolis has enacted an ordinance providing a right to counsel for low-income tenants facing eviciton.
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Categorical
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
Right to counsel
Proposed patients have the right to counsel in involuntary treatment matters regardless of income.
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Categorical
Parentage - Defendant/Respondent
Legislation
Key Development
Right to counsel
There is a right to counsel for indigent respondents in paternity proceedings.
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Litigation
Key Development
Right to counsel
The Minnesota Supreme Court created a right to counsel in paternity cases brought by the state, pursuant to its supervisory power.
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Categorical
Parentage - Petitioner or Child
Legislation
Key Development
Right to counsel
There is a right to counsel for indigent petitioners in paternity proceedings.
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Categorical
Quarantine/Isolation
Legislation
Key Development
Right to counsel
There is a right to counsel for individuals or group subject to an order of isolation and quarantine, as well as other related proceedings.
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Categorical
Sexually Dangerous Persons - Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel in civil commitments of sexually dangerous persons.
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Categorical
Sterilization
Legislation
Key Development
Right to counsel
There is a right to counsel for involuntary sterilization proceedings.
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Qualified
Termination of Parental Rights (Private) - Birth Parents
Discretionary
Termination of Parental Rights (Private) - Children
Legislation
Key Development
Discretionary appointment of counsel
The court may appoint counsel for a child in an adoption case.
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Categorical
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
June 29, 2021
Right to counsel
Indigent parents in termination of parental rights cases have the right to counsel, and counsel shall be appointed if the parent desires.
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Qualified
Termination of Parental Rights (State) - Children
Legislation
Key Development
June 1, 2017
Minnesota passes bill strengthening child's right to counsel
A 2017 bill strengthened the right to appointed counsel for Minnesota children 10 and over in abuse and TPR cases.
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Qualified
Truancy - Petition Against Child
Legislation
Key Development
Right to counsel
Minnesota children in truancy proceedings only have a right to counsel when out-of-home placement is sought.
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