Right to counsel

Idaho , Legislation , Termination of Parental Rights (Private) - Children

Children in adoptions typically are not provided counsel; the Idaho Supreme Court has said, “there is no provision for appointment of counsel to represent a child in adoption proceedings that were not consolidated with proceedings to terminate the parental rights of the child’s parents.”  In re John Doe I, 367 P.3d 136 (Idaho 2016). 

 

Where such consolidation occurs, the right to counsel would be pursuant to Idaho Code Ann. § 16-1614, in which case counsel for the child would be paid for by the “office of the state public defender unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs.” Id. at (3).

Appointment of Counsel: Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.