Right to counsel

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Legislation, Abuse/Neglect/Dependency - Children

In Nebraska counties with a population of under 150,000 residents, counsel is appointed upon request in juvenile proceedings (which includes abuse/neglect cases):

 

In any other instance in which a juvenile is brought without counsel before a juvenile court, the court shall advise such juvenile and his or her parent or guardian of their right to retain counsel and shall inquire of such juvenile and his or her parent or guardian as to whether they desire to retain counsel.

 

See Neb. Rev. Stat. § 43-272(1)(a)(ii).  In counties with a population of 150,000 residents or more, appointment of counsel is automatic.  See § 43-272(1)(b). 

 

In all juvenile proceedings regardless of county size:

 

The court shall appoint an attorney as guardian ad litem.  A guardian ad litem shall act as his or her own counsel and as counsel for the juvenile, unless there are special reasons in a particular case why the guardian ad litem or the juvenile or both should have separate counsel.  In such cases the guardian ad litem shall have the right to counsel, except that the guardian ad litem shall be entitled to appointed counsel without regard to his or her financial ability to retain counsel.  Whether such appointed counsel shall be provided at the cost of the county shall be determined as provided in subsection (1) of this section.

 

Neb. Stat. § 43-272(3).

Appointment of Counsel: categorical Qualified: no