Utah becomes 27th state to guarantee counsel for parents in private termination cases

Utah’s statutory scheme at one time prohibited the appointment of counsel for parents in private termination of parental rights (TPR) cases.  In light of 2016 Utah Supreme Court decisions, subsequent statutory amendments permitted courts to appoint counsel where required by due process.  Today, counsel is statutorily required for indigent parents in TPR matters initiated by a private party under either the Adoption Act or Juvenile Code.  The Indigent Defense Act at Utah Code § 78B-22-201 provides:

(1) A court shall advise the following of the individual’s right to counsel no later than the individual’s first court appearance:

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(c) a parent or legal guardian facing an action initiated by any party under:

(i) Section 78B-6-112; or

(ii) Title 80, Chapter 4, Termination of Parental Rights[.]

Section 78B-6-112 covers “District court jurisdiction over termination of parental rights proceedings” and is part of the Utah Adoption Act, while Title 80, Chapter 4 is found within the Utah Juvenile Code. See also Utah Code § 80-4-106 (“The parties shall be advised of the parties’ right to counsel, including the appointment of counsel for a parent or legal guardian facing any action initiated by a private party under this chapter or under Section 78B-6-112 for termination of parental rights.”).