Discretionary appointment of counsel

Court Rule or Initiative, Termination of Parental Rights (State) - Children

According to the court rules, “[t]he court may appoint separate counsel for the child or children under the age of twelve (12) in appropriate cases.  The court may consider the nature of the case, the child's age, maturity, intellectual ability, ability to direct the activities of counsel and other factors relevant to the appropriateness of appointing counsel for the child.”  Idaho Juv. R. 37(a).

Additionally, Rule 37 specifies that the guardian ad litem appointed for a child receives counsel as well:


[T]he court… shall appoint counsel to represent the guardian ad litem, unless the guardian ad litem is already represented by counsel. . . . Notice of the right to be represented by counsel, and at public expense where financial inability exists on the part of the child … should be given at the earliest possible time.


Idaho Juv. R. 37(a), (d).

Appointment of Counsel: discretionary Qualified: no