Right to counsel - reinstatement of parental rights
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).
04/10/2018,
Legislation, Other subject area
When the Department of Human Services or a ward in foster care petitions to reinstate parental rights, “the ward is entitled to have counsel appointed at state expense if the ward is determined to be financially eligible under the policies, procedures, standards and guidelines of the Public Defense Services Commission.” ORS § 419B.___ [Added by 2018 c.89 § 2].
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
