Minnesota’s System of Justice by Geography in Child Protection Proceedings: Base Issues in Minnesota’s Parental Representation Scheme and in the Discretionary Appointment of Counsel Under Section 260C.163.

In dealing with issues of parental representation, states must contend with the United States Supreme Court’s decision in Lassiter v. Department of Social Services of Durham County, North Carolina. The Court, using the factors established in Mathews v. Eldridge, held that there is no constitutional right to counsel for parents in child protection cases. This decision has led states to develop varying statutory schemes for parental representation in child protection cases. Differences in statutes by state lead to differences in outcomes for parents and children across the nation. While there are many factors that contribute to differing outcomes in legal disputes, research indicates that states providing representation to all parents in child protection proceedings leads to better outcomes for both parents and children within their state.

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