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
Under Wis. Stat. Ann. § 48.23(1m), children in all cases under the Children's Code may be represented by counsel at the discretion of the court, but the child must be represented by counsel in the following circumstances:
"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."
"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.
See also Wis. Stat. § 48.235(1)(c) (“The court shall appoint a guardian ad litem for any child who is the subject of a proceeding to terminate parental rights) & (3) (“If the guardian ad litem determines that the best interests of the person are substantially inconsistent with the wishes of that person, the guardian ad litem shall so inform the court and the court may appoint counsel to represent that person.”)
Cite: Wis. Stat. § 48.235(3)
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