Rule 32a-1. Right to Counsel and To Remain Silent

(a) At the first hearing in which the parents, guardian, person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) or a person named as the alleged genetic parent of the child or youth appears the judicial authority shall advise and explain to such persons their right to remain silent and right to counsel.

(b) The child or youth has the rights of confrontation and cross-examination and shall be represented by counsel in each and every phase of any and all proceedings in child protection matters, including appeals. The judicial authority before whom a juvenile matter is pending shall notify the chief public defender who shall assign an attorney to represent the child or youth.

(c) The judicial authority on its own motion or upon the motion of any party, may appoint a separate guardian ad litem for the child or youth upon a finding that such appointment is necessary to protect the best interest of the child or youth. An attorney guardian ad litem shall be appointed for a child or youth who is a parent in a termination of parental rights proceeding or any parent who is found to be incompetent by the judicial authority.

(d) The parents or guardian of the child or youth have the rights of confrontation and cross-examination and may be represented by counsel in each and every phase of any and all proceedings in child protection matters, including appeals. The judicial authority shall determine if the parents or guardian of the child or youth are eligible for counsel. Upon a finding that such parents or guardian of the child or youth are unable to afford counsel, the judicial authority shall notify the chief public defender of such finding, and the chief public defender shall assign an attorney to provide representation. The judicial authority shall also determine whether the person presumed to be the parent pursuant to General Statutes § 46b-488

(a) (3) or the person named as the alleged genetic parent is eligible for appointment of counsel and, upon a finding of inability to afford counsel, notify the chief public defender who shall assign an attorney to provide representation.

(e) If the judicial authority, even in the absence of a request for appointment of counsel, determines that the interests of justice require the provision of an attorney to represent the child's or youth's parent or parents or guardian, or other party, the judicial authority may appoint an attorney to represent any such party and shall notify the chief public defender, who shall assign an attorney to represent any such party. For the purposes of determining eligibility for appointment of counsel, the judicial authority shall cause the parents or guardian of a child or youth to complete a written statement under oath or affirmation setting forth the parents' or guardian's liabilities and assets, income and sources thereof, and such other information as the Public Defender Services Commission shall designate and require on forms adopted by said commission.

(f) Where under the provisions of this section, the judicial authority so appoints counsel for any such party who is found able to pay, in whole or in part, the cost thereof, the judicial authority shall assess as costs on the appropriate form against such party, including any agency vested with the legal custody of the child or youth, the expense so incurred and paid for by the chief public defender in providing such counsel, to the extent of the party's financial ability to do so, in accordance with the rates established by the Public Defender Services Commission for compensation of counsel. Reimbursement to the appointed attorney of unrecovered costs shall be made to that attorney by the chief public defender upon the attorney's certification of his or her unrecovered expenses to the chief public defender.

(g) Notices of initial hearings on petitions shall contain a statement informing the respondent, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) or the person named as the alleged genetic parent of their right to counsel and that if the respondent, the person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3) or the alleged genetic parent is unable to afford counsel, counsel will be appointed to represent them, that they have a right to refuse to make any statement and that any statement they make may be introduced in evidence against them.

(h) Any confession, admission or statement, written or oral, made by the parent or parents, guardian of the child or youth, alleged genetic parent or person presumed to be the parent pursuant to General Statutes § 46b-488 (a) (3), after the filing of a petition alleging such child or youth to be neglected, abused or uncared for, shall be inadmissible in any proceeding held upon such petition against the person making such admission or statement unless such person shall have been advised of the right to retain counsel, and that if such person is unable to afford counsel, counsel will be assigned to provide representation, that such person has a right to refuse to make any statement and that any statements such person makes may be introduced in evidence against such person.

Committee Notes

amended June 30, 2008, to take effect Jan. 1, 2009; amended June 15, 2012, to take effect Jan. 1, 2013; amended June 14, 2024, to take effect Jan. 1, 2025.)