ORS 419B.518
Appointment of counsel for parents


(1)

If the parents are determined to be financially eligible, and request the assistance of appointed counsel, the court shall appoint an attorney to represent them at state expense. Appointment of counsel under this section is subject to ORS 135.055 (Compensation and expenses of appointed counsel), 151.216 (Duties) and 151.219 (Public defense services executive director).

(2)

The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines adopted under ORS 151.216 (Duties). [1993 c.33 §144; 2001 c.962 §55; 2005 c.449 §4]

Notes of Decisions

Under Former Similar Statute

Any challenges to adequacy of trial counsel appointed under this section must be reviewed on direct appeal. State ex rel Juv. Dept. v. Geist, 310 Or 176, 796 P2d 1193 (1990)

Standard for adequacy of appointed counsel is ability to provide proceeding that was fundamentally fair. State ex rel Juv. Dept. v. Geist, 310 Or 176, 796 P2d 1193 (1990)

§§ 419B.500 to 419B.524

Notes of Decisions

Under Former Similar Statutes

Due process does not require the appointment of “independent counsel” to represent the child in every adoption or termination of parental rights proceeding. F. v. C., 24 Or App 601, 547 P2d 175 (1976)

When second termination of parental rights proceeding was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first proceeding. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied

Chapter 419B

Notes of Decisions

Due process rights of parents are always implicated in construction and application of provisions of this chapter. Department of Human Services v. J.R.F., 351 Or 570, 273 P3d 87 (2012)


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May. 15, 2020