Georgia

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents have a right to counsel in deprivation proceedings.

Appointment of Counsel: categorical Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Georgia Legislature establishes right to independent counsel for children in deprivation cases

01/01/2013

Children have a right to their own counsel in deprivation proceedings, thanks to a 2013 amendment to the code.

Appointment of Counsel: categorical Qualified: no

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Litigation

Federal court rules Georgia children have right to counsel in deprivation cases

01/01/2005

A federal court found that the Georgia Constitution required counsel for children in deprivation cases.

Appointment of Counsel: categorical Qualified: yes

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

Minors seeking to bypass the parental notification requirement for an abortion have a right to counsel.

Appointment of Counsel: categorical Qualified: no

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Civil Contempt in Family Court

Litigation

Key_development Question_mark

GA high court says some civil contempt cases might require counsel

09/01/2014

In response to a class action, the Supreme Court of Georgia said there might be a right to counsel in some child support civil contempt cases.

Appointment of Counsel: discretionary Qualified: yes

 

Nccrc_involvement_icon The NCCRC assisted petitioners with research and strategy.

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for respondents in civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for respondents in guardianship proceedings, including any later review of the guardianship.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

All children are entitled to counsel in termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents are entitled to counsel in termination proceedings if they make it known that they want counsel.

Appointment of Counsel: categorical Qualified: no

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