Right to counsel
Michigan
,
Legislation
, Abuse/Neglect/Dependency - Children
, Termination of Parental Rights (State) - Children
In a proceeding alleging abuse or neglect, the court must appoint a lawyer-guardian ad litem to represent the child. Mich. Comp. Laws § 722.630; Mich. Ct. R. 3.915(B)(2)(a). Mich. Comp. Laws 712A.17d details the attorney’s role. (providing “A lawyer-guardian ad litem’s duty is to the child, and not the court.”).
The child may not waive the assistance of the lawyer- guardian ad litem. Mich. Comp. Laws 712A.17c(7). If the lawyer-GAL determines that the child’s wishes conflict with that of the lawyer-GAL, the court is authorized to appoint an attorney for the child if the court determines the child is sufficiently mature. Mich. Comp. Laws 712A.17d(2); see also Mich. Ct. R. 3.915(B)(2)(b).
Appointment of Counsel: Yes
Qualified: Yes
