Delaware finally enacts right to counsel for parents
The state of Delaware has enacted HB 86, finally providing indigent parents with the right to counsel at all stages of abuse proceedings, which would include termination of parental rights matters. See Del. Code tit. 13, § 2504(g). The right also extends to appeals and to reinstatement of parental rights cases. Previously, the court was merely permitted to appoint counsel for parents.
The new law requires that parents are informed of the right to counsel through the initial notice they receive. § 2504(b). Under the new law, representation of the parent is without charge. Del. Code tit. 29, § 4602A.
The Delaware House of Representatives passed the bill on June 11, 2024, and the state Senate on June 30, 2024. The bill was signed by the Governor on October 25, 2024.
The NCCRC submitted testimony in support of the bill in both March of 2023 and May 2024.
