NV legislature expands appointment of counsel for indigent respondent parents

Expansion of appointment of counsel for indigent persons accused of abuse or neglect

As a result of a 2025 amendment (AB 344), the court is nearly always required to appoint counsel for indigent respondents (persons against whom an allegation of abuse or neglect is made), but still leaves some discretion in the law. Nev. Stat. § 432B.420(4).  Prior to the change, appointment was completely discretionary.  Representation now applies “at all stages of any proceedings held pursuant to NRS 432B.410 to 432B.590, inclusive, and section 27 of this act, unless good cause is shown for not appointing an attorney to represent the parent or other person.” Id.  The section goes on to provide examples of  “good cause” including, without limitation, the “[f]ailure to communicate with previously appointed counsel”, “[h]armful or offensive conduct”, “Requesting new counsel without valid justification”, or “A high likelihood that the appointment of counsel will cause undue delay”.

Regarding compensation, § 432B.420(4) provides that appointed counsel, “other than an attorney compensated through a program for legal aid described in NRS 19.031 and 247.305, … is entitled to the same compensation and payment for expenses from the county as provided … for an attorney appointed to represent a person charged with a crime.”

Discretionary appointment for any parent or person responsible for child’s welfare

Pursuant to Nev. Stat. § 432B.420(1), the court is permitted to appoint an attorney to represent an indigent “parent or other person responsible for the welfare of a child” at the protective custody hearing held under Nev. Stat. § 432B.470.  In other words, the person need not be a respondent to be appointed counsel.  Before enactment of AB 344 in 2025, discretionary appointment was limited to individuals alleged to have committed abuse or neglect.

Additionally, Nev. Stat. § 432B.420(5) provides that “If a petition alleging that a child is in need of protection is filed pursuant to NRS 432B.490, the court may appoint an attorney to represent a parent or other person responsible for the welfare of the child who not is alleged to have committed an act or omission that resulted in the child being in need of protection at any stage of any proceedings held pursuant to NRS 432B.410 to 432B.590, inclusive, and section 27 of this act, if the court determines: (a) That the parent or other person is indigent; and (b) Appointment of an attorney is in the best interest of the child.”

Mandatory appointment for indigent parents of Indian children in matters involving custody or where protective custody is sought

Also in 2023, Nevada passed AB 444, which provides that in a “child custody proceeding”, defined as “a matter arising under chapter 432B of NRS [Protection of Children from Abuse and Neglect] in which the legal custody or physical custody of a child is an issue”, “the court shall appoint suitable counsel to represent the Indian child’s parent or Indian custodian” if the parent or custodian requests counsel, “is without sufficient financial means to employ suitable counsel”, and “is determined to be financially eligible for the appointment of such counsel.”

Under the statute, a “child custody proceeding” does not include an emergency proceeding.  But such a situation appears to be covered by Nev. Rev. Stat. § 432B.420(3), which provides that where protective custody of an Indian child is sought, the court must appoint counsel to represent the child’s indigent parent.