Right to counsel

A child has a right to counsel in termination of parental rights (TPR) cases, unless the TPR is sought due to sex offense by parent, in which case appointment is discretionary.  La. Child. Code Ann. art. 1016 provides: 

A. (1) The child and the identified parent shall each have the right to be represented by separate counsel in a termination proceeding brought under this Title. Neither the child nor anyone purporting to act on his behalf may be permitted to waive the child's right to counsel.

(2) For actions brought under Article 1015.1 [termination of parental rights of a perpetrator of a sex offense], the court shall have discretion to decide under the circumstances for each case whether to appoint counsel for the child. In no event shall the petitioner of such action or the minor child be required to interact with the respondent as a condition to pursue termination under this Article. Any counsel acting on behalf of the child shall not require a petitioner to make the child available for any visitation or conversation with the respondent or the respondent's family and shall not require any nonoffending petitioner to take classes or provide updates on the child. A petitioner shall have the right to seek an expedited suspensive appeal for any violation of this Article.

B. The court shall appoint the entity designated for the jurisdiction by the Louisiana Supreme Court to provide qualified, independent counsel for the child in such a proceeding.