Trial for Termination of Parental Rights

[wpyoung]

What is the name of your state (only U.S. law)? California

I have a trial for termination of parental rights. If I can't afford a lawyer, will they appoint me one?

 

[Proserpina]

What is the name of your state (only U.S. law)? California

I have a trial for termination of parental rights. If I can't afford a lawyer, will they appoint me one?

Please explain the circumstances.

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

I have a trial for termination of parental rights. If I can't afford a lawyer, will they appoint me one?

Why are they considering termination of your parental rights? Is this in relation to a criminal case, or is this a case in family court brought by the other parent?

As a general rule, attorneys are not provided by the court for civil cases. They would be for a criminal case, because you are entitled to representation for your defense in a criminal action.

 

[Ohiogal]

Why are they considering termination of your parental rights? Is this in relation to a criminal case, or is this a case in family court brought by the other parent?

As a general rule, attorneys are not provided by the court for civil cases. They would be for a criminal case, because you are entitled to representation for your defense in a criminal action.

WRONG. IF this is a case in juvenile court brought because the child was adjudicated dependent, neglected or abused, that is considered a CIVIL case and attorneys ARE appointed in those cases for indigent parents. That is in California and is born out by caselaw.
In re K.L., A131562 (CAAPP1)

On November 21, 2008, the San Francisco Human Services Agency (Agency) detained K.L. and her two younger half siblings, A.G. (born September 2006), and W.B. (born May 2008). The Agency filed a petition under section 300 on November 25. On the following day, the juvenile court appointed James Donnelly to represent Mother. After a contested hearing on December 11, 2008, the juvenile court ordered K.L. formally detained. Later that month, the court appointed Dominick Franco to represent Father.

And it is also provided for in statute:

366.26(f) At the beginning of any proceeding pursuant to this section, if the child or the parents are not being represented by previously retained or appointed counsel, the court shall proceed as follows:

(1) In accordance with subdivision (c) of Section 317, if a child before the court is without counsel, the court shall appoint counsel unless the court finds that the child would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.

(2) If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the child and his or her parent. The public defender or private counsel may be appointed as counsel for the parent.