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
N.C. Gen. Stat. § 7B-601 (specifically covering abuse/neglect proceedings) specifies that children receive a guardian ad litem unless the GAL appointed is not an attorney, at which point "an attorney shall be appointed in the case in order to assure protection of the juvenile's legal rights throughout the proceeding." Additionally, the statute specifies that "The appointment shall terminate when the permanent plan has been achieved for the juvenile and approved by the court", meaning the appointment would apply to the termination of parental rights proceeding.
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.
categorical
yes
