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Rhode Island

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

Categorical Right To Counsel

There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).

Discretionary Appointment Of Counsel

Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.

Right Or Appointment Is Qualified

The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.

No Such Proceeding

This state has no law creating a judicial proceeding of this type.

No Authorization, But Relevant Materials

While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.

Other

Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development

June 22, 2018

Right to counsel - Voluntary extension of foster care

A 2018 law permits a court to appoint counsel for a child who voluntarily agrees to extend foster care.

Appointment of Counsel: Discretionary

Qualified: Yes

Key Development

May 24, 2017

Legislation (dead): extended foster care

These bills would have required appointed counsel for foster children who avail themselves of voluntary extended services.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Housing - Evictions

Legislation

May 6, 2025

S0512

Creating right to legal representation for eligible tenants in certain eviction and similar matters

Appointment of Counsel: Doesn't Affect

Qualified: No

The NCCRC submitted testimony in favor of the bill before the Senate Judiciary Committee.

Categorical

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development

Right to counsel

There is a right to counsel for indigent parents in abuse/neglect cases.

Appointment of Counsel: Yes

Qualified: No

Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development

June 22, 2018

Right to counsel - Voluntary extension of foster care

A 2018 law permits a court to appoint counsel for a child who voluntarily agrees to extend foster care.

Appointment of Counsel: Discretionary

Qualified: Yes

No Such Proceeding

Adult Protective Proceedings - Protected Person

Legislation

No such proceeding

Adult protective services can only be provided consensually through the applicable code.

Appointment of Counsel: No Such Proceeding

Qualified: No

Categorical

Civil Commitment

Legislation

Key Development

Right to counsel

There is a right to counsel for an indigent subject of a civil commitment proceeding.

Appointment of Counsel: Yes

Qualified: No

Discretionary

Custody Disputes - Children

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint counsel for a minor in a divorce proceeding to handle issues related to custody, support, or visitation.

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

Right to counsel

There is a right to counsel for the subject of a guardianship proceeding, but only upon request or if the petition is contested.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Other subject area

Legislation

Key Development

Appointment of counsel for temporary extreme risk protection order respondents

Respondents who are temporarily ordered to surrender firearms and any concealed carry permit have a right to counsel.

Appointment of Counsel: Yes

Qualified: No

Key Development

Right to counsel - seizure of vehicles used for explosives transport

There is a right to counsel for an unknown person whose vehicle is seized on the grounds it was used to transport illegal explosives.

Appointment of Counsel: Yes

Qualified: No

Qualified

Quarantine/Isolation

Legislation

Key Development

Right to counsel

There is a right to counsel for a person with tuberculosis subject to an order of detention, but no right in other quarantine cases.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Sexually Dangerous Persons - Commitment

Litigation

Key Development

Right to counsel

A federal court found a right to counsel for sexually dangerous person commitments. Rhode Island, however, has no such procedure at this time.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

An indigent sex offender objecting to a community notification requirement has the right to appointed counsel.

Appointment of Counsel: Yes

Qualified: No

Categorical

Sexually Dangerous Persons - Registration/Notification

Legislation

Key Development

Right to counsel

Rhode Island provides a right to counsel for sex offenders objecting to community notification.

Appointment of Counsel: Yes

Qualified: No

Litigation

Key Development

Right to counsel

A Rhode Island court held that sex offenders have a constitutional right to counsel when objecting to community notification.

Appointment of Counsel: Yes

Qualified: No

No Such Proceeding

Sterilization

Legislation

No such proceeding

There does not appear to be a statute or court decision authorizing sterilization in Rhode Island.

Appointment of Counsel: No Such Proceeding

Qualified: No

Qualified

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key Development

Right to counsel

There is an arguable right to counsel for parents in adoption proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Termination of Parental Rights (State) - Birth Parents

Court Rule or Initiative

Key Development

Right to counsel

Indigent parents have a right to counsel in termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: No

Categorical

Truancy - Petition Against Child

Legislation

Key Development

Right to counsel

Indigent children in Rhode Island are entitled to counsel in truancy proceedings (which are treated as "wayward child" matters).

Appointment of Counsel: Yes

Qualified: No

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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