Right to counsel - trial and appeal

Key_development Question_mark

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

Cal. Fam. Code § 7862 provides a right to counsel for parents in termination of parental rights cases.  See also Cal Fam Code § 7827(e) (requiring appointment of counsel for parent with mental disability whose rights are being subject to termination, “whether or not a request for the appointment is made by the parent”).


Although Cal. Fam. Code § 7895 only refers to parents of dependent children having a right to counsel on appeal, the California Supreme Court held in In re J.W., 126 Cal. Rptr. 2d 897, 901 (2002) that the right extends to parents of all children, not just parents of dependent children. This appeal right is limited to when the parent is appealing, not the State.

Appointment of Counsel: categorical Qualified: no