Discretionary appointment of counsel

Key_development Question_mark

Legislation, Termination of Parental Rights (State) - Children

N.H. Rev. Stat. Ann. § 169-C:10 permits appointment of counsel for children in certain abuse/neglect proceedings, but it is unclear whether this provision extends to termination of parental rights. On the one hand, N.H. Rev. Stat. Ann. § 169-C:10 applies to all Child Protection Act proceedings, and the Act mentions termination of parental rights. See N.H. Rev. Stat. Ann. § 169-C:24-a (describing situations where a termination petition is required). On the other hand, while parents and children are given a right to counsel in abuse/neglect proceedings in Chapter 169, the chapter giving parents a right to counsel in termination of parental rights cases (Chapter 170-C) makes no mention of representation of children. 

Appointment of Counsel: discretionary Qualified: yes