This information is approx. 7 months old, but it is new to me and my fellow New Hampshire citizens who apparently didn't receive the memo. We just learned of this from an 8 hour training to be a volunteer court appointed child advocate in the state of New Hampshire.

Attorneys for needy parents cut
Accused must defend themselves

Parents who cannot afford an attorney to defend themselves against accusations of abusing or neglecting their children are no longer entitled to have one appointed. The change in state law, which went into effect July 1, was prompted by budget cuts. It has child advocates as well as attorneys who represent parents in abuse and neglect cases worried that more children will be permanently removed from their homes.

Few rights can be argued to be more fundamental then the right to raise and care for one’s children. In recognition of that right, New Hampshire has long appointed counsel to represent indigent parents in abuse and neglect proceedings who face the removal of their children from their care by the State. The NH Supreme Court recognized in Shelby R. that "abuse and neglect proceedings can harm, and in some cases irreparably damage, family and marital relationships."

Despite the constitutional protections afforded to parents, recent passage of HB2 [the budget "trailer bill"] and the issuance of Circuit Court Administrative Order 2011-01 deprives indigent parents accused of abuse and neglect of the statutory right to be represented by an attorney at all stages of the proceedings. The Administrative Order prohibits any new appointments of counsel after July 1, 2011, and orders the automatic withdrawal of counsel after the issuance of dispositional orders for attorneys appointed prior to July 1, 2011. However, legislative enactments cannot override a constitutional protection and the Courts have an affirmative duty to invalidate a statute that violates a person’s constitutional rights.

Until June 30, 2011, attorneys shall continue to be appointed to represent an indigent parent only where mandated by RSA169-C:10, II(a), i.e. in cases where an indigent parent is alleged to have neglected or abused his or her child.

Effective July 1, 2011, counsel shall not be appointed for indigent parents in abuse and neglect cases under RSA chapter 169-C.

Effective July 1, 2011, all appointments of counsel, including existing appointments, to represent indigent parents in abuse and neglect cases shall terminate upon the issuance of the dispositional order pursuant to RSA 169-C:19.

ARGUMENT
On July 1, 2011, the New Hampshire legislature eliminated funding for court appointed lawyers to represent indigent parents in child welfare cases. In doing so, New Hampshire became the first state in the country to strip parents of the right to counsel – an important procedural safeguard aimed at ensuring that courts reach accurate decisions involving the temporary or permanent placement of a child into foster care.

...the Supreme Court will be called upon to recognize a parent's constitutional right to counsel in abuse and neglect proceedings. Until then, parents will have to navigate the abuse and neglect system without advice or counsel and try their best to advocate for themselves and their children.

Originally posted by JibbyJedi
reply to post by intrepid

---

Who will be able to afford to pursue lawsuits when all is said and done?

Originally posted by intrepid
OK, I read up on Miranda and that applies for obtaining council for interrogations by authorities while in custody. So I guess it doesn't really apply. What about the 6th Amendment though?

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

americanhistory.about.com...