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) - Birth Parents
N.Y. Fam. Ct. Act § 262(a)(i) and (iv) provide a right to counsel for parents, foster parents, or others with physical custody of the child in child protective hearings, child abuse hearings, or permanency hearings for foster children under Article 10 and Article 10-A of the Family Court Act, while subsection (iii) grants a right to counsel to the respondent in any custody proceeding. Between these provisions, there is a right to counsel in termination of parental rights proceedings.
See also N.Y. Surr. Ct. Proc. Act § 407(1)(a)(i) (providing counsel to respondent in any proceeding concerning guardianship and custody of destitute or dependent children, under § 384-b of the Social Services Law).
This right to counsel extends to the appeal. N.Y. Fam. Ct. Act § 1120(a).
Where these proceedings take place in the New York Supreme Court, the parties have the same rights to counsel as identified above. N.Y. Jud. Law § 35(8) (providing for fees to be paid to appoint counsel when the supreme court exercises jurisdiction over family court matter "whereby, if such proceedings were pending in family court, such court would be required by [section 262] of the family court act to appoint counsel")
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: no