Rule 12 - Right to Counsel(a)Notice of Right to Counsel. The court shall inform the parties at the first hearing at which they are present of their respective rights to be represented by counsel at all stages of the proceedings. (b)Appointed Counsel. The court shall appoint counsel pursuant to Administrative Rule 12: (1) for a parent or guardian who is financially unable to employ counsel;* (2) for a parent on active military duty who has not appeared prior to entry of an adjudication; (3) for a child under CINA Rule 12.1; and (4) for a non-attorney guardian ad litem when legal representation of the guardian ad litem is necessary. (c)Waiver of Right to Counsel. The court shall accept a valid waiver of the right to counsel by any party if the court determines that the party understands the benefits of counsel and knowingly waives those benefits. (d)Appointment of Counsel for Absent or Unknown Parent. The court shall appoint counsel to represent an absent parent at any hearing in which the termination of parental rights is or may be in issue if the parent has failed to appear after service of notice, including service by publication, and the court concludes that a continuance is not likely to result in the attendance of the non-appearing parent. The court is not required to appoint counsel for a parent if the court is satisfied that the identity of the parent is unknown. * An indigent Indian custodian has a right to court-appointed counsel under 25 U.S.C. Section 1912(b). Counsel appointed under Section 1912 may seek compensation pursuant to 25 CFR Section 23.13.
SCO 845 effective 8/15/1987; amended by SCO 1560 effective 10/15/2005; amended by SCO 1978 effective 10/17/2022.