Legal Opinion

In re A.S.A.

Montana Supreme Court

Decided May 6, 1993No. 92-369PublishedCited by 39 opinions

1Opinion of the CourtJustice Trieweiler

This is an appeal from an order of the Fifth Judicial District Court, State of Montana, terminating a mother’s parental rights to her four children and awarding permanent legal custody to the Department of Family Services. The mother asserts on appeal that the District Court violated her constitutional right to due process and denied her statutory right to appointed counsel when the court refused to appoint counsel for her at the hearing to terminate her parental rights. We reverse.

The dispositive issue on appeal is:

Did the District Court err when it refused to appoint counsel to represent an…

2Cases cited4 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  3. In re R.B.Montana Supreme Court · 1985
  4. V.F. v. StateAlaska Supreme Court · 1983

3Cited by39 opinions

  1. In re A.S.Montana Supreme Court · 2004
  2. In re A.N.W.Montana Supreme Court · 2006
  3. In re A.S.Montana Supreme Court · 2006
  4. In Re the Custody & Parental Rights of M.W.Montana Supreme Court · 2001
  5. In re J.C.Montana Supreme Court · 2008

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