Discretionary appointment of counsel
While parents and Indian custodians of Indian children have the right to counsel upon request if they are “without sufficient finanical means to employ suitable counsel possessing skills and experience commensurate with the nature of the petition and the compexity of the case,” Or. Rev. Stat. Ann. § 419B.647, all other parents in dependency proceedings may be appointed counsel subject to the judge’s discretion. Counsel is appointed “whenever the nature of the proceedings and due process so require.” Or. Rev. Stat. Ann. § 419B.205(1). The statute goes on to list factors for the court to consider, such as “[t]he duration and degree of invasiveness of the interference with the parent-child relationship that possibly could result from the proceeding,” the complexity of the issues and evidence, the nature of the contested allegations and evidence, and the effect the ruling will have on subsequent proceedings (such as termination of parental rights).
