Civil RTC News
This page lists all of the most recent developments on civil right to counsel across the country. These could be newly created rights to counsel, significant publications, public events, advocacy efforts, or other things that don’t fit into a neat category.
Appellate court: No due process right to counsel
The appellate court found no due process right to counsel in custody matters, despite fundamental right to parent. A vigorous dissent disagreed.
No right to counsel located – Conservatorship
No right to counsel for objecting parents in private child conservatorship matters was located.
No such proceeding – Guardianship
The court may appoint a guardian if "all parental rights of custody have been terminated or suspended by circumstances or prior court order."
Right to counsel – Private dependency context
Indigent parents have a right to counsel in private guardianships sought due to allegations of dependency.
Discretionary appointment of counsel
The court may appoint counsel for a child in a guardianship establishment matter brought under the domestic relations code.
No such proceeding
Louisiana’s guardianship of children procedure is found only in the state’s “Child in Need of Care” statutes.
No such proceeding
There does not appear to be a procedure through which to compel mental health treatment on an outpatient basis.
Right to counsel – Private dependency context
Indigent parents have a right to counsel in private guardianships sought due to allegations of dependency.
Right to counsel
Indigent parents have the right to counsel in permanent guardianship matters.
No right to counsel
The appellate court has declined to find a categorical constitutional right to counsel for parents in neglect matters.
No right to counsel – Voluntary adoptions
The appellate court has held that there is no constitutionally-based right to counsel in voluntary adoption cases.
No right to counsel
The appellate courts have generally found no right to counsel in child custody matters.
