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
South Dakota grants the child a statutory right to court-appointed counsel upon request in cases involving the termination of parental rights and the protection of allegedly abused or neglected minors. Notwithstanding § 26-7A-31, a court must always appoint an attorney to represent a child in an abuse/neglect proceeding. S.D. Codified Laws § 26-8A-18. Additionally, S.D. Codified Laws § 26-7A-31 confers on South Dakota courts the discretion to appoint an attorney for the child or any party without request if legal representation appears necessary to protect the interests of the child. S.D. Codified Laws § 26-7A-31. The county in which the proceeding occurs must pay for the expense of counsel in such cases, according to the manner prescribed by the court.
Notably, S.D. Codified Laws § 26-7A-30 requires the court to notify children of their "constitutional and statutory rights, including the right to
be represented by an attorney."
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: no