Valerie Giltner

This Act creates a right to free legal counsel for certain relatives seeking to terminate parental rights and adopt a child in the relative’s family who has been in the custody of the Department of Services for Children, Youth and Their Families (“Department”). The right to free legal counsel applies at all stages of the termination of parental rights proceedings, including any appeals. This Act also requires the Department or a licensed agency with which the Department contracts to prepare and file the social study and report required as part of the termination of parental rights and adoption proceedings at no cost to the relative. 

To qualify for free legal counsel, all of the following must be true:

1. The petitioner must be a relative of the child. Relative means as defined in § 1101 of Title 13.
2. The petitioner has guardianship of the child who is the subject of the termination of parental rights and adoption petitions.
3. The guardianship order was entered in favor of the petitioner when the child was in Department custody and is in effect throughout the termination of parental rights and adoption proceedings. 
4. The petitioner filed the guardianship petition that resulted in the guardianship order on or after July 1, 2026. 
5. The Family Court determines that the petitioner is indigent.  

This Act is a substitute for and differs from Senate Bill No. 79 in 2 ways. First, it adds an indigency requirement that the petitioner must meet to qualify for free legal counsel in termination of parental rights and adoption proceedings. Second, it provides that free legal counsel for guardians seeking termination of parental rights and adoption is only available if the underlying petition for guardianship of the child is filed on or after July 1, 2026, when this Act goes into effect.