In the Interest of Cooper

The Court of Appeals decision in this case (5 Kan. App. 2d 584) unequivocally states:

“Where proceedings are brought for an adjudication that a child is deprived, due process requires that the parent or parents, if indigent, must have counsel appointed to represent them at a deprived child hearing.” Syl. ¶ 4.

The majority opinion of this court, in ostensibly reversing said opinion, holds:

“Constitutional due process requires the State to appoint counsel for an indigent parent in a deprived child hearing under K.S.A. 1980 Supp. 38-817 whenever the parent, unable to present his or her case…