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LASSITER v. DEPARTMENT OF SOCIAL SERVICES

Supreme Court of United States (1981) | 452 U.S. 18; 101 S.Ct. 2153; 68 L.Ed.2d 640

4 min read

TL;DR: The Supreme Court held that the Constitution does not automatically require states to provide counsel to indigent parents in termination proceedings. Instead, courts must decide on a case-by-case basis whether fundamental fairness, under a due process balancing test, necessitates appointing a lawyer.

Legal Significance: This case establishes that there is no absolute right to appointed counsel in civil cases under the Due Process Clause. It created a rebuttable presumption that counsel is required only when physical liberty is at stake, applying a case-by-case analysis for parental termination proceedings.