Rule 10-314. Explanation of respondent's rights at first appearance; ICWA advisement; appointed counsel.

A. Explanation of rights at first appearance. At the first appearance of the respondent, the court shall inform the respondent of the following: (1) the allegations of the abuse or neglect petition or the termination of parental rights motion; (2) the right to an adjudicatory hearing on the allegations in the petition or the right to a trial on the allegations in the motion; (3) the right to an attorney and that if the respondent cannot afford an attorney, one will be appointed to represent the respondent free of charge; (4) the possible consequences if the allegations of the petition or the motion are found to be true; and (5) the right to have the proceedings interpreted into a language the respondent understands. B. ICWA advisement. If the child is an Indian child or there is reason to know that the child is an Indian child as defined by the Indian Child Welfare Act, the court shall further inform the respondent of the following: (1) the parent, Indian custodian, or tribe may request that the case be transferred to tribal court; (2) either parent may object to the request to transfer; (3) the department shall place the Indian child in accordance with the placement preferences set forth in ICWA, unless good cause is shown to depart from those preferences; (4) the department shall make active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family; and (5) if a motion for termination of parental rights is filed, the department shall prove the allegations beyond a reasonable doubt. C. Appointed counsel. In any proceeding or case that may result in the termination of parental rights, an attorney may not be appointed to represent more than one respondent.