Discretionary appointment of counsel
Litigation, Termination of Parental Rights (Private) - Birth Parents
In In re McClure, 549 N.E.2d 392 (Ind. App. 1990), the court held that a particular non-consenting non-custodial parent had a right to counsel during private adoption proceedings pursuant to the Fourteenth Amendment, given the facts of the case. The court noted that the right "depend[s] upon factors such as the strength of the adversaries and the presence or absence of legal, factual, procedural, or evidentiary complexity." The court pointed out that "[u]nlike the evidence presented in Lassiter, which demonstrated that the respondent-mother expressly declined to appear at a custody hearing and did not take the trouble to consult with her retained attorney after being notified of the proceedings, Forest took all possible necessary steps to prevent the termination of his parental rights of Benjamin." Id. at 395.
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: discretionary Qualified: yes