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, Abuse/Neglect/Dependency - Children
Except as listed under § 48.23(1m)(b)(2), children subject to CHIPS proceedings under § 48.13 “may be represented by counsel at the discretion of the court” and “a child 15 years of age or older may waive counsel in the court is satisfied such waiver is knowingly and voluntarily made and the court accepts the waiver.” Wis. Stat. Ann. § 48.23(1m)(b)(1). Under Wis. Stat. Ann. § 48.23(1m)(b)(2), a child subject to a CHIPS proceeding must be represented by counsel in the following circumstances:
1. If the petition is contested, the court may not place the child outside his or her home unless the child is represented by counsel at the fact-finding hearing and subsequent proceedings.
2. If the petition is not contested, the court may not place the child outside his or her home unless the child is represented by counsel at the hearing at which the placement is made. For a child under 12 years of age, the judge may appoint a guardian ad litem instead of counsel.
Wis. Stat. Ann. § 48.23(1m)(b)(2). Except for the circumstances listed above, a child 15 years of age or older allegedly in need of protective services may waive counsel if the court finds that the waiver is knowing and voluntary and the court accepts the waiver.
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