Right to Counsel

An indigent respondent parent whose child is the subject of a guardianship proceeding has the right to counsel in such matters per Conn. Stat. Ann. § 45a-620, which provides:  “The Court of Probate shall appoint counsel to represent any respondent who notifies the court that he or she is unable to obtain counsel, or is unable to pay for counsel.”  The notice to the parent of the application for removal of the parent as guardian must inform them of their right to counsel. Conn. Stat. Ann. § 45a-609.

The parent shall pay the costs for their appointed counsel unless they are unable to pay and demonstrate their inability to pay through an affidavit filed with the court, in which case the attorney’s compensation is “paid from funds appropriated to the Judicial Department” or “paid from the Probate Court Administration Fund” if the Judicial Department has not included such funds in its budget. Conn. Stat. Ann. § 45a-620.

It is not clear whether the right to counsel for parents under Conn. Stat. Ann. § 45a-620 would extend to reviews of the guardianship, because the statute uses the word “respondent” and not “parent.”  The right to counsel in § 45a-620 would presumably cover proceedings under § 45a-609 (application for removal of parent as guardian) and § 45a-616a (appointment of permanent guardian), but not proceedings under § 45a-607 (petition to remove guardian) nor § 45a-611 (reinstatement of parent as guardian).  However, § 45a-611 states that the notice issued for proceedings to reinstate the parent as guardian must be done “as provided in 45a-609”, and § 45a-609 says that the respondent (who in that instance is the parent) must be informed of their right to counsel.