Right to Counsel not guaranteed. Scope of representation is Limited/Discretionary.

• Split- Lay GAL2 for children under 8; Expressed/StatedInterest age 8 and up
• Select (0-8 when TPR filed)
• Select (All children 6 months post-TPR)
• Select (When youth is in extended foster care)
• Select (When youth files a petition to reinstate parental rights)

(Updated in 2021 Legislative Session)

Relevant state statute: Wash. Rev. Code Ann. § 13.34 HB1219 (2021)

Right to Counsel guaranteed by statute. Scope of representation is mandatory.

Expressed/Stated-Interest

Relevant state statute: O.R.S. § 419B.195 

Right to Counsel guaranteed in practice. Scope of representation is mandatory.

Model:

• Attorney Best Interest
• Hybrid

Relevant state statute:

Cal. Welf. & Inst. Code § 317 (c)(1-2)

Cal. Welf. & Inst. Code § 317 (e)(1-3)

Right to Counsel not guaranteed. Scope of representation Discretionary (Mandatory for Select Case Types)

Model:

• Lay-GAL (Non-Attorney)

• Select

See Relevant Children in Need of Aid Rules and Procedures Rule 12.1 (Effective October 2022)

Updated May 2022

Right to Counsel guaranteed by statute. Scope of representation is mandatory.

Model: Expressed/Stated-Interest

Relevant state statute:

Nev. Rev. Stat. Ann. § 432B.420(2);

Nev. Rev. Stat. Ann. § 128.100(2)

Right to Counsel not guaranteed. Scope of representation is limited.

Model: Split: Lay-GAL’s for children 11 and under; Expressed/Stated-Interest age 12 and up

Relevent state statute: Idaho Code § 16-1614 

Right to Counsel guaranteed by statute. Scope of representation is mandatory.

Model: Expressed/Stated-Interest (Updated 2023 Legislative Session)

Relevant state statute: Mont. Code Anno., § 41-3-425(2)(b);

2023 Legislation Senate Bill 148 required the appointment of Expressed/Stated-Interest legal counsel in all dependency cases.

Right to Counsel guaranteed by statute. Scope of representation is mandatory.

Model: Attorney Best Interest

Relevant state statute:

Utah Code Ann. § 78A-6-902(2);

Utah Code Ann. § 78A-6-317

Right to Counsel guaranteed by statute. Scope of representation is mandatory.

Model: Expressed/Stated-Interest (Updated 2021 Legislative Session)

Relevant state statute: Ariz. Rev. Stat. § 8-221

2021 Legislation SB 1391 required the appointment of Expressed/Stated-Interest legal counsel in all dependency cases

Right to Counsel guaranteed by statute. Scope of representation is mandatory.

Model: Attorney Best Interest

Relevant state statute: Wyo. Stat. Ann. § 14-3-211

Right to Counsel guaranteed by statute. Scope of representation is mandatory.

Model: Split: Expressed/Stated-Interest for age 12 and up; Attorney Best Interest for children age 11 and under

Relevant state statutes: C.R.S.A. § 19–3-203 (Updated by HB 22-1038 (2022)

C.R.S.A. § 19–7–308 (Updated by HB 21-1094 (2021))

Updated May 2022

Right to Counsel guaranteed by statute. Scope of representation is mandatory.

Model: Split: Expressed/Stated-Interest for age 14 and up; Attorney Best Interest for children age 13 and under

Relevant state statute:

N. M. S. A. 1978, § 32A-1-7.1;

N. M. S. A § 32A-4-10-

Right to Counsel not guaranteed. Scope of representation is discretionary.

Model:

• Lay-GAL (Non-Attorney)

• Expressed/Stated-Interest

Relevant state statute: Haw. Rev. Stat. Ann. § 587A-3.1(b) (4)

Right to Counsel is not guaranteed. Scope of representation limited.

Model:

• Expressed/Stated-Interest

• Lay-GAL (non-attorney) (Updated in 2021 Legislative Session)

Relevant state statute: N.D. Cent. Code, § 27-20.2-12 (2021 Legislation HB 1035 (2021) Guarantees right to counsel for children of sufficient age and competency to assist counsel

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Attorney Best Interest

Relevant state statute: S.D. Codified Laws § 26-8A-18

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Hybrid

Relevant state statute:  NE ST § 43-272

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Attorney Best Interest

Relevant state statute: K.S.A. § 38-2205(a)

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model:

• Expressed/Stated-Interest

• Attorney Best Interest (when client has diminished capacity)

Relevant state statute: 10A Okl. St. § 1-4-306

Note: Right to counsel guaranteed by statute but not in practice.

Updated May 2022

Right to Counsel not guaranteed. Scope of representation limited (duration of appointment).

Model:

• Expressed/Stated-Interest

• Hybrid

Relevant state statute:

Tex. Fam. Code § 107.012

Tex. Fam. Code § 107.016 (Updated by HB 1315 (2021)

Right to Counsel not guaranteed. Scope of representation limited.

Model: Split: Lay-GAL’s for children 9 and under; Expressed/Stated-Interest age 10 and up

Relevant state statute: Minn. Stat. § 260C.163 Subd. 3

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Hybrid

Relevant state statute: Iowa Code § 232.89

Right to Counsel guaranteed by statute. Scope of representation is mandatory.

Model: Attorney Best Interest

Relevant state statute: Mo. Ann. Stat. § 211.211

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Attorney Best Interest

Relevant state statute: Ark. Code Ann. § 9-27-316 (f)(1) and (5)

Right to Counsel guaranteed by statute. Scope of representation is mandatory.

Model: Expressed/Stated-Interest

Relevant state statute: LSA-Ch.C. Art. 607; LSA-Ch.C. Art. 551

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Split: Attorney Best Interest for children under 12; Expressed/Stated-Interest age 12 and up

Relevant state statute: Wis. Stat. Ann. § 48.23 (3m)

Right to Counsel not guaranteed. Scope of representation limited (Counsel is not required if a CASA is appointed and represented by counsel)

Model:

• Hybrid (Cook County)

• Lay-GAL (Non-Attorney)

• Varied Access to Counsel

Relevant state statute: 705 Ill. Comp. Stat. Ann. 405/1-5 (1)

Right to Counsel not guaranteed. Scope of representation is discretionary.

Model:

• Lay-GAL (Non-Attorney)

• Varied Access to Counsel

Relevant state statute: Ind. Code Ann. § 31-32-4 (2)(b)

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Attorney Best Interest

Relevant state statutes: MCLS § 722.630; MCLS § 712A.17d

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Varied Representation

Relevant state statute: Miss. Code Ann. §43-21-121 (1) and (4)

Right to Counsel guaranteed by statute. Scope of representation limited.

Model: Attorney Best Interest

Relevant state statute: Ala. Code §12-15-102(10); Ala. Code §12-15-304

Note: Right to counsel guaranteed by statute but in practice doesn't continue after permanent custody awarded to state agency.

Updated May 2022

Right to Counsel not guaranteed. Scope of representation Discretionary (Mandatory for Select Case Types)

Model:

• GAL Multidisciplinary Team consisting oftrained volunteer (or staff member, contract or pro bono attorney), child welfare professional, and attorney representing statewide GAL Program.

• Select

Relevant state statute: Fla. Stat. § 39.01305(3), § 39.822

Right to Counsel guaranteed. Scope of representation mandatory.

Model:

• Hybrid

• Varied Representation

Relevant state statute: O.C.G.A. § 15-11-103; O.C.G.A § 15-11-104 (b)

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Best Interests

Relevant state statute: Tenn. Code Ann. § 37-1-126

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Attorney Best Interest

Relevant state statute: KRS § 620.100

Right to Counsel is guaranteed by statute. Scope of representation mandatory.

Model:

• Attorney Best Interest

• Hybrid

Relevant state statute: ORC 2151.352

NOTE: In re Williams, 805 N.E.2d 1110, 1111, 1113 (Ohio 2004): The Williams Court explained that the juvenile may have a right to appointed counsel separate from that provided to his or her parents "in certain circumstances". The court presiding over the proceeding has the authority to make a case-by-case determination whether independent counsel for the juvenile is necessary, based on the maturity of the juvenile and whether the juvenile's guardian ad litem can serve as both guardian ad litem and attorney without conflict.

Right to Counsel Guaranteed by statute but not in practice

Updated May 2022

Right to Counsel guarateed by statute. Scope of representation mandatory.

Model: Hybrid

Relevant state statute: W. Va. Code § 49-4-601

Right to Counsel not guaranteed. Scope of representation discretionary.

Model:

• Lay-GAL (non-attorney)

• Expressed/Stated-Interest

Relevant state statute: S.C. Code Ann. § 63-7-1620

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Attorney Best Interest

Relevant state statute: N.C. Gen. Stat. § 7B-601

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Attorney Best Interest

Relevant state statute: Va. Code Ann. § 16.1-266

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Hybrid

Relevant statute: D.C. Code § 16-2304 (a)

Right to Counsel guaranteed in practice. Scope of representation mandatory.

Model:

• Expressed/Stated-Interest (when client determined to have considered judgement)

• Attorney Best Interest when client lacks considered judgement)

Relevant state statute: Md. Code, Courts and Judicial Proceedings, § 3-813 (d)

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Attorney Best Interest

Relevant state statute: Del. Code Ann. tit. 29, § 9007A (c )

Right to Couonsel guaranteed by statute. Scope of representation mandatory.

Model: Hybrid

Relevant state statute: 42 Pa.C.S.A. § 6337.1

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Expressed/Stated-Interest

Relevant state statute: N.J. Stat. § 9:6-8.23; NJ Stat. §9:6-8.21(d))

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Expressed/Stated-Interest

Relevant state statute: NY CLS Family Ct Act § 241

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Expressed/Stated-Interest

Relevant state statute: Conn. Gen. Stat. § 46b-129a (2)(c) and § 46b-135

Right to Counsel guaranteed in practice. Scope of representation is mandatory.

Model: Attorney Best Interest

Relevant state statute: Gen.Laws 1956, § 40-11-14

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Expressed/Stated-Interest

Relevant state statute: M.G.L.A 119 § 29

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Expressed/Stated-Interest

Relevant state statute: 33 V.S.A. § 5112

Right to Counsel not guaranteed. Scope of representation discretionary.

Model:

• Attorney Best Interest

• Lay-GAL (non-attorney)

Relevant state statute: N.H. Rev. Stat. § 169-C:10

Right to Counsel not guaranteed. Scope of representation discretionary.

Model: Attorney Best Interest

• Lay-GAL (non-Attorney)

• Expressed/Stated-Interest

Relevant state statute: 22 M.R.S. § 4005(b)

Right to Counsel not guaranteed. Scope of representation discretionary.

Model: Lay-GAL (non-attorney)

Relevant statute: GU ST T. 19, § 13308

Right to Counsel not guaranteed. Scope of representation discretionary.

Model: Lay-GAL (non-attorney)

Relevant statute: Commonwealth Code Tit. 8, §§ 1982; 1983

Info not available.

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Children appointed a Family Advocate (Individual represents the child and the Commonwealth in the pertinent actions ensuing from investigations conducted on alleged child abuse pursuant to the effective legislation on that matter)

Relevant statute: PR ST T. 8 § 447a

Right to Counsel guaranteed by statute. Scope of representation mandatory.

Model: Attorney Best Interest

Relevant statute: VI ST T. 5 § 2542