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 (Private) - Children
A parent's rights may be terminated via "adoption without prior termination of parental rights" (initiated by a private party with the cooperation of the Department). Md. Code Ann., Fam. Law § 5-338. In such proceedings, Md. Code Ann., Fam. Law § 5-307(b) provides the right to counsel for the child:
(1) In accordance with paragraph (2) of this subsection, in a case under this subtitle, a juvenile court shall appoint an attorney to represent a child.
(2) Unless a juvenile court finds that it is not in a child's best interests, the juvenile court:
(i) if the attorney who currently represents the child in a pending CINA case or guardianship case is under contract with the Department to provide services under this subsection, shall appoint that attorney; and
(ii) if the attorney who currently represents the child is not under contract with the Department, shall strike the appearance of that attorney.
In a private agency guardianship and adoption, the prospective adoptee has a right to counsel where he or she is at least 10 years old and is either a minor or under a disability. Md. Code Fam. Law § 5-3A-07(b)(1). In an independent adoption, the prospective adoptee has a right to counsel where he or she is both under a disability and at least 10 years old. Md. Code Fam. Law § 5-3B-06(b)(1).
Other than those situations, the court has discretion to appoint independent counsel for a child who is the subject of the case. Md. Code Fam. Law § 1-202.
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