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).
Court Rule or Initiative, Termination of Parental Rights (State) - Birth Parents
Tenn. Sup. Ct. R. 13(d)(2)(D) says that in termination cases, “[T]he court or appointing authority shall advise any party without counsel of the right to be represented throughout the case by counsel and that counsel will be appointed if the party is indigent and … requests appointment of counsel.” While Tenn. Sup. Ct. R. 13(a)(1)(A) says that the rule’s purpose is “to provide for the appointment of counsel in all proceedings in which an indigent party has a statutory or constitutional right to appointed counsel”, suggesting the rule is not intended to create any new rights, it is likely simply an interpretation of the reach of § 37-1-126, which provides a right to counsel in "termination cases."
Additionally, Tenn. R. Juv. P Rule 303 states that "[i]n all proceedings in which a party is by law entitled to representation by an attorney, the court shall expressly inform the party of the right to an attorney. If a party waives the right to an attorney, the court shall inform the party of the continuing right to an attorney at all stages of the proceedings." Tenn. R. Juv. P. Rule 303 also states that "[w]hen an indigent party who is entitled to an attorney does not knowingly and voluntarily waive the right to an attorney, the court shall appoint an attorney to represent that party."
Tennessee Supreme Court Rule 13 provides for the appointment of counsel in all proceedings in which an indigent party has a statutory or constitutional right to appointed counsel, and this right to the appointment of counsel in all situations provided by Rule 13 extends beyond trial, as “[a]ppointed counsel shall continue to represent an indigent party throughout the proceedings, including any appeals, until the case has been concluded or counsel has been allowed to withdraw by a court.” Tenn. Sup. Ct. R. 13 § 1(e)(5). Additionally, whatever rights to counsel exist in juvenile proceedings extend to the appellate stage. Tenn. R. Juv. P. Rule 118(b).
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