§ 27-20.6-07 — Right to appointed counsel

North Dakota § 27-20.6-07

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-20.6: Re-establishment of Parental Rights and Responsibilities

Text

1. A child within the jurisdiction of the court in an action arising under this chapter has the
right to be represented by counsel in all proceedings in which a petition has been filed.
The court shall appoint counsel to represent the child, regardless of income, unless
counsel is retained for the child, in any proceeding in which the child is of sufficient age
and competency to assist counsel.
2. A child who is fourteen years of age or older may waive the right to counsel. The
waiver must be made on the record and the court shall determine if the waiver is
knowing, voluntary, and intelligent. If a child waives counsel for a hearing, the court
shall inform the child of the right to revoke the waiver and request counsel at all
subsequent hearings.
3. A genetic parent is entitled to counsel upon the filing of an application for counsel and
a determination of indigency. If a party appears without counsel, the court shall
determine whether the party knows the party may be represented by counsel and the
party is entitled to counsel at public expense if indigent. The court may continue the
proceeding to enable a party to obtain counsel.