(1) Counsel shall be appointed for the parent or legal guardian whenever the nature of the proceedings and due process so require, and when the parent or legal guardian has been determined by the court to be eligible to receive appointed counsel under the standard in ORS § 135.050 or the policies, procedures, standards and guidelines adopted under ORS § 151.216. In deciding whether to appoint counsel under this section, the court shall consider the following factors:

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Terms Used In Oregon Statutes 419B.205

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

(a) The duration and degree of invasiveness of the interference with the parent-child relationship that possibly could result from the proceeding;

(b) The complexity of the issues and evidence;

(c) The nature of allegations and evidence contested by the parent or legal guardian; and

(d) The effect the facts found or the disposition in the proceeding may have on later proceedings or events, including but not limited to termination of parental rights or criminal proceedings.

(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. [1993 c.33 § 75; 2001 c.962 § 46; 2003 c.449 11,47]

 

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