Section 29 Counsel for child or mentally retarded adult under responsibility of department; appointment
Section 29. Whenever an adult with mental retardation who is the responsibility of the department or a child is before any court under clause (3) of subsection (a) of section 23, or sections 24 to 27, inclusive, this section or section 29B, that adult or child shall have and be informed of the right to counsel at all hearings and that the court shall appoint counsel for that adult or child if the adult or child is not able to retain counsel.
Whenever the department or a licensed child placement agency is a party to child custody proceedings, the parent, guardian or custodian of the adult with mental retardation or the child: (i) shall have and be informed of the right to counsel at all such hearings, including proceedings under sections 5 and 14 of chapter 201, and that the court shall appoint counsel if he is financially unable to retain counsel; and (ii) shall have and be informed of the right to a service plan or case plan for the adult with mental retardation or child and his family which complies with applicable state and federal laws and regulations for these plans. The probate and family court and the juvenile court departments of the trial court shall establish procedures for: (i) notifying the parent, guardian or custodian of these rights; and (ii) appointing counsel for an indigent parent, guardian or custodian within 14 days of a licensed child placement agency filing or appearing as a party in any such action. The department or agency shall provide a copy of the service or case plan to the parent, guardian or custodian of the adult with mental retardation or child and to the attorneys for all parties appearing in the proceeding within 45 days of the department or agency filing an appearance in such proceeding. Thereafter, any party may have the original or changed plan introduced as evidence, and with the consent of all parties the plan shall be filed with the court. Notwithstanding this section, the court may make such temporary orders as may be necessary to protect the adult with mental retardation or the child and society.
The department, upon its request, shall be represented by the district attorney for the district in which the case is being heard.