Right to counsel

Litigation, Termination of Parental Rights (State) - Birth Parents

In Denise H. v. Arizona Dept. of Economic Sec., 972 P.2d 241, 243 (Ariz. Ct. App. 1998), the court stated that in termination of parental rights cases, “[a]n indigent parent against whom a petition has been filed has the right to appointed counsel, but that right is afforded by statute … and the due process clause ....”, and cited to AZ State Dept of PW v Barlow, 296 P.2d 298 (Ariz. 1956).  The high court has not revisited Barlow, a case decided prior to the U.S. Supreme Court holding that there is no federal constitutional right to counsel in termination cases, and it is unclear whether Barlow rested at all on the state constitution.

Appointment of Counsel: categorical Qualified: yes