Right to counsel
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
Legislation, Termination of Parental Rights (State) - Children
According to Ohio Rev. Code Ann. § 2151.352, "Counsel must be provided for a child not represented by the child's parent, guardian, or custodian. If the interests of two or more such parties conflict, separate counsel shall be provided for each of them."
In In re Williams, 805 N.E.2d 1110, 1111, 1113 (Ohio 2004), the Ohio Supreme Court clarified the statutory right to counsel of juveniles in proceedings to terminate parental rights under the statute. Specifically, the Court explained that the juvenile may have a right to appointed counsel separate from that provided to his or her parents "in certain circumstances". The court presiding over the proceeding has the authority to make a case-by-case determination whether independent counsel for the juvenile is necessary, based on the maturity of the juvenile and whether the juvenile's guardian ad litem can serve as both guardian ad litem and attorney without conflict..
Additionally, in 2012, the court modified Juvenile Rule 3 to specify that when juveniles have a right to counsel, it is un-waivable in certain circumstances and requires consultation with an attorney prior to waiver in other circumstances. 6 Ohio Juv. R. 4(C)(1) adds that "When the guardian ad litem is an attorney...the guardian may also serve as counsel to the ward providing no conflict between the roles exist."
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel: categorical Qualified: yes