Right to counsel

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Legislation, Termination of Parental Rights (State) - Children

Mont. Code Ann. § 41-3-425 provides that:

 

(2) Except as provided in subsections (3) and (4), the court shall immediately appoint the office of state public defender to assign counsel for:

(b) any child or youth involved in a proceeding under a petition filed pursuant to 41-3-422 when a guardian ad litem is not appointed for the child or youth; and

(c) any party entitled to counsel at public expense under the federal Indian Child Welfare Act.

(3) When appropriate, the court may appoint the office of state public defender to assign counsel for any child or youth involved in a proceeding under a petition filed pursuant to 41-3-422 when a guardian ad litem is appointed for the child or youth.

 

See also Mont. Code Ann. § 47–1–104(4)(b)(i) (specifying appointment of counsel regardless of indigence "as provided for in 41-3-425"). A public defender may be appointed on appeal as well. Mont. Code Ann. § 47–1–104(4)(c). 

Appointment of Counsel: categorical Qualified: yes