Right to counsel

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Legislation, Sterilization

Kansas provides the right to counsel for some but not all sterilization proceedings. Kan. Stat. Ann. § 59-3075(e)(5) provides that a guardian may not consent to sterilization “unless approved by the court following a due process hearing held for the purposes of determining whether to approve such, and during which hearing the ward is represented by an attorney appointed by the court.”  But for minors, Kan. Stat. Ann. § 38-2272(d)(4) provides that a court may impose limits on an appointed permanent custodian of a child to consent to sterilization, suggesting that the power exists and can be exercised where authorized without appointment of counsel.

Appointment of Counsel: categorical Qualified: yes