Right to counsel
In matters related to establishing permanent guardianship of a child, which may be sought by a private party, Or. Rev. Stat Ann. § 419B.365(1), a parent (including a putative father) is entitled to notice of the proceeding, and the notice must inform the parent of their right to counsel. Or. Rev. Stat Ann. § 419B.819(1); Id. at (4)(c) (“A summons under this section must contain: … (c) A notice that the parent has the right to be represented by an attorney.”). Although language such as “the right to be represented” does not ordinarily create a right to appointed counsel, the provision goes on to specify the form that the notice must substantially comply with, including the following language:
If you wish to be represented by an attorney, please retain one as soon as possible to represent you in this proceeding. If you cannot afford to hire an attorney and you meet the state’s financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense, you must contact the juvenile court immediately.
Id. (emphasis added).
