Indiana Code
Ind. Code § 31-32-4-3 (2026)
Court appointment of counsel to represent parent
✓ current as of May 2026
Sec. 3. (a) If:
(1) a parent in proceedings to terminate the parent-child relationship does not have an attorney who may represent the parent without a conflict of interest; and
(2) the parent has not lawfully waived the parent's right to counsel under IC 31-32-5 (or IC 31-6-7-3 before its repeal);
the juvenile court shall appoint counsel for the parent at the initial hearing or at any earlier time.
(b) The court may appoint counsel to represent any parent in any other proceeding.
[Pre-1997 Recodification Citation: 31-6-7-2(b).]
As added by P.L.1-1997, SEC.15.
Notes of Decisions
Cited in 24
cases (2 in the last 5 years), 1998–2024 · leading case: J.A. v. Indiana Dep't of Child Servs., 4 N.E.3d 1158 (Ind. 2014).
J.A. v. Indiana Dep't of Child Servs., 4 N.E.3d 1158 (Ind. 2014). “Ind.Code § 31-32-4-3' (2008). So if a parent were deprived of representation by counsel at a TPR proceeding, for example, the deprivation would constitute a failure to afford that parent the process to which the General Assembly says he or she is due.”
Baker v. Marion Cnty. Off. of Fam. & Child., 810 N.E.2d 1035 (Ind. 2004). “(The statute was repealed in 1997, and this proposition is currently governed by Ind.Code Ann. § 31-32-4-1 (right to counsel) and Ind.”
S. R. v. M. J., 71 N.E.3d 436 (Ind. Ct. App. 2017). “I.C. § 31-32-4-3(a). The right to counsel in a termination proceeding may only be waived “if the parent does so knowingly and voluntarily.”
In Re Adoption of GWB, 776 N.E.2d 952 (Ind. Ct. App. 2002). “" Indiana Code § 31-32-4-3 further explains: (a) If: (1) a parent in proceedings to terminate the parent-child relationship does not have an attorney who may represent the parent without a conflict of interest; and (2) the parent has not lawfully waived the parent's right to…”
Lanny B. v. Marion Cnty. Dep't of Child Servs., 889 N.E.2d 326 (Ind. Ct. App. 2008). “See I.C. § 31-32-4-3. 3 Instead, under the foregoing statute, appointment of counsel in a CHINS proceeding is a matter left to the sound discretion of the juvenile court.”
In the Matter of the Termination of the Parent-Child Relationship of: D.P. & D.P.E. & J.P. (Mother) v. Ind. Dept. of Child Servs., 27 N.E.3d 1162 (Ind. Ct. App. 2015). “Finally, parents are entitled to court-appointed counsel when they have not already waived that right, I.C. § 31-32-4-3, and “ ‘if the State imparts a due process right, then it must give that right.”
In the Termination of the Parent-Child Relationship of: X.S. (Minor Child), & S.S. (Father) v. The Indiana Dep't of Child Servs., & Lake Cnty. Court Appointed Special Advocate (mem. dec.), 117 N.E.3d 601 (Ind. Ct. App. 2018). “Ind. Code § 31-32-4-3 (a). However, "[a] parent who is entitled to representation by counsel may waive that right if the parent does so knowingly and voluntarily.”
In the Matter of the Involuntary Termination of the Parent-Child Relationship of G.P., & J.A. v. The Indiana Dep't of Child Servs., 985 N.E.2d 786 (Ind. Ct. App. 2013). “Parents are entitled to representation in termination proceedings, Indiana Code section 31-32-4-1, and counsel may be appointed in other proceedings, Indiana Code section 31-32-4-3 (emphasis added). Indiana Code section 31-34-4-6 lists the legal rights of which parents in CHINS…”
Brooks v. McGee, 776 N.E.2d 952 (Ind. Ct. App. 2002). “” Indiana Code § 31-32-4-3 further explains: (a) If: (1) a parent in proceedings to terminate the parent-child relationship does not have an attorney who may represent the parent without a conflict of interest; and (2) the parent has not lawfully waived the parent’s right to…”
In Re Lb, 889 N.E.2d 326 (Ind. Ct. App. 2008). “See I.C. § 31-32-4-3. [3] Instead, under the foregoing statute, appointment of counsel in a CHINS proceeding is a matter left to the sound discretion of the juvenile court.”
Matter of Adoption of AMK, 698 N.E.2d 845 (Ind. Ct. App. 1998). “CODE § 31-32-4-3, which provides that: If: (1) a parent in proceedings to terminate the parent-child relationship does not have an attorney who may represent the parent without a conflict of interest; and (2) the parent has not lawfully waived the parent's right to counsel .”
In re the Involuntary Termination of the Parent-Child Relationship of G.P., a Minor Child, & His Mother, J.A. v. Indiana Dep't of Child Servs. & Child Advocates, Inc. (Ind. 2014). “” Ind. Code § 31-32-4-3 (b) (2008) (emphasis added).”
Ind. Code § 31-32-4-3(a): 8 cases
S. R. v. M. J., 71 N.E.3d 436 (Ind. Ct. App. 2017). “I.C. § 31-32-4-3(a). The right to counsel in a termination proceeding may only be waived “if the parent does so knowingly and voluntarily.”
In Re Adoption of GWB, 776 N.E.2d 952 (Ind. Ct. App. 2002). “" Indiana Code § 31-32-4-3 further explains: (a) If: (1) a parent in proceedings to terminate the parent-child relationship does not have an attorney who may represent the parent without a conflict of interest; and (2) the parent has not lawfully waived the parent's right to…”
Brooks v. McGee, 776 N.E.2d 952 (Ind. Ct. App. 2002). “” Indiana Code § 31-32-4-3 further explains: (a) If: (1) a parent in proceedings to terminate the parent-child relationship does not have an attorney who may represent the parent without a conflict of interest; and (2) the parent has not lawfully waived the parent’s right to…”
Sr v. Mj (Ind. Ct. App. 2017).
In Re Jg, 911 N.E.2d 36 (Ind. Ct. App. 2009).
Ind. Code § 31-32-4-3(b): 3 cases
J.A. v. Indiana Dep't of Child Servs., 4 N.E.3d 1158 (Ind. 2014). “Ind.Code § 31-32-4-3' (2008). So if a parent were deprived of representation by counsel at a TPR proceeding, for example, the deprivation would constitute a failure to afford that parent the process to which the General Assembly says he or she is due.”
Lanny B. v. Marion Cnty. Dep't of Child Servs., 889 N.E.2d 326 (Ind. Ct. App. 2008). “See I.C. § 31-32-4-3. 3 Instead, under the foregoing statute, appointment of counsel in a CHINS proceeding is a matter left to the sound discretion of the juvenile court.”
In Re Lb, 889 N.E.2d 326 (Ind. Ct. App. 2008). “See I.C. § 31-32-4-3. [3] Instead, under the foregoing statute, appointment of counsel in a CHINS proceeding is a matter left to the sound discretion of the juvenile court.”
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