Right to counsel

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

Indigent parents are entitled to counsel in termination proceedings if they make it known that they want counsel. Ga. Code Ann. § 15-11-262(j).


Recently, the Georgia Court of Appeals reversed its own precedent and held that parents denied their statutory right to counsel in termination proceedings do not have to demonstrate harmful error in order to obtain an automatic reversal. In re J.M.B., 296 Ga.App. 786, 790-91 (2009). 

Appointment of Counsel: categorical Qualified: no