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.
State adds right to counsel for extended foster care
A new New Mexico law adds voluntary extended foster care for children aging out and provides counsel for children who opt in.
Montana Supreme Court acts to protect parent right to counsel
The Montana Supreme Court found that a parent had not waived his right to counsel in an adoption case, and strengthened the waiver standard.
NJ court: counsel must be appointed prior to suspending driver’s licenses
A NJ trial court has held the state must appoint counsel prior to suspending a person's driver's license for inability to pay child support.
Vermont Supreme Court affirms right to counsel in contempt proceedings
The Vermont Supreme Court re-affirmed the right to counsel in contempt proceedings involving incarceration.
Texas court: failure to appoint counsel for parent was reversible error
An appellate court held the failure to advise a parent of the right to counsel in a TPR case, and delayed appointment, required reversal.
Appellate Court: Child’s right to counsel in adoptions is mandatory
A Louisiana court held that a child's right to counsel in adoption cases is not subject to waiver and must be strictly enforced.
Right to counsel
Children in abuse/neglect cases are entitled to a GAL who is an attorney.
Right to counsel – Voluntary extension of foster care
A 2018 law permits a court to appoint counsel for a child who voluntarily agrees to extend foster care.
Right to counsel – Student making terroristic threat
A bill passed in 2018 requires the appointment of counsel for a student subjected to mental health evaluation after making a terroristic threat.
PA court: fees/fines defendants have right to appointed counsel
The Pennsylvania Superior Court held defendants have a right to appointed counsel prior to being incarcerated for failure to pay fees/fines.
Right to counsel – Reinstatement of parental rights
The court must appoint counsel for an indigent child in foster care where a petition to reinstate parental rights is filed.
Fed court: NJ township violated defendant’s right to counsel in fees/fines case
A federal court held that a NJ township violated defendants' right to counsel in its handling of fees/fines cases.
