Right to counsel

Key_development Question_mark

Legislation, Termination of Parental Rights (State) - Children

Kan. Stat. § 38-2205(a) specifies that for all "proceedings under [the child in need of care] code" (which would include termination of parental rights):


Upon the filing of a petition, the court shall appoint an attorney to serve as guardian ad litem for a child who is the subject of proceedings under this code. The guardian ad litem shall make an independent investigation of the facts upon which the petition is based and shall appear for and represent the best interests of the child. When the child's position is not consistent with the determination of the guardian ad litem as to the child's best interests, the guardian ad litem shall inform the court of the disagreement. The guardian ad litem or the child may request the court to appoint a second attorney to serve as attorney for the child, and the court, on good cause shown, may appoint such second attorney. The attorney for the child shall allow the child and the guardian ad litem to communicate with one another but may require such communications to occur in the attorney's presence.


See also Kan. Sup. Ct. Rules R. 110A(d) (using the same language as above to explain a guardian ad litem's duties upon learning that child's wishes differ from their recommendation).

Appointment of Counsel: categorical Qualified: yes