Right to counsel

Key_development Question_mark

Legislation, Termination of Parental Rights (Private) - Birth Parents

Given that the Adoption Code is within Title 8, the right to counsel in § 8-221(B) should apply to adoption proceedings.

 

Additionally, in Frank P. v. Sabrina H., 2013 WL 5746220 (Ariz. App. 2013) (unpublished), the court held that in a case involving a petition by a private party for both termination of parental rights and adoption, the trial court appropriately appointed counsel for the petitioners in the termination portion, holding that "Nothing in A.R.S. § 8–221(B) limits [the right to counsel] to petitions brought by the Arizona Department of Economic Security."  This unpublished opinion, however, cannot be cited as precedent in Arizona.

Appointment of Counsel: categorical Qualified: no