Right to counsel - voluntary extension of foster care
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).
06/22/2018,
Legislation, Abuse/Neglect/Dependency - Children
R.I. Gen. Laws § 40-11-14(a) only requires the appointment of a guardian ad litem for a child in an abuse/neglect proceeding, but a 2018 amendment adds, “In addition, any young adult, who is eligible for extended foster care pursuant to § 14-1-6(c) and who has executed a voluntary agreement for extension of care may request the appointment of guardian ad litem or court-appointed counsel. An appointment shall be in the discretion of the court. The cost of counsel in those instances shall be paid by the state.”
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.
discretionary
yes
