Civil RTC News
This page lists all of the most recent developments on civil right to counsel across the country. These could be newly created rights to counsel, significant publications, public events, advocacy efforts, or other things that don’t fit into a neat category.
Right to counsel
Respondents have a right to counsel in involuntary treatment matters due to mental health and substance dependency.
Discretionary appointment of counsel
The court may appoint counsel for a minor in a guardianship, conservatorship, or other protective order case.
No such proceeding
A court may only appoint a guardian for a minor if the parent's rights have been terminated, suspended, or limited by prior court order.
Right to attorney guardian ad litem
At hearings regarding continued involuntary protective services, the court must appoint an attorney guardian ad litem for unrepresented adults.
Right to counsel
It the adult refuses to consent or is unable to consent, involuntary services may be sought. The adult has the right to counsel in such matters.
Right to counsel – Service by publication
If a defendant is served by publication and does not appear, the court shall appoint counsel to defend the suit on defendant's behalf.
No such proceeding
A court may only appoint a guardian for a minor if the parent's rights have been terminated, suspended, or limited by prior court order.
Discretionary appointment of counsel
The court may appoint counsel for a minor in a guardianship or conservatorship matter. The attorney likely serves in a best interest role.
Right to counsel
There is a right to counsel for adults and most children in involuntary treatment proceedings.
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.
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.
No such proceeding
An adult with capacity must consent to protective services, but the department may pursue other legal matters on the adult's behalf.
