Right to counsel
Litigation, Termination of Parental Rights (State) - Birth Parents
In Denise H. v. Arizona Dept. of Economic Sec., 972 P.2d 241, 243 (Ariz. Ct. App. 1998), the court stated that in termination of parental rights cases, “[a]n indigent parent against whom a petition has been filed has the right to appointed counsel, but that right is afforded by statute … and the due process clause ....”, and cited to AZ State Dept of PW v Barlow, 296 P.2d 298 (Ariz. 1956). The high court has not revisited Barlow, a case decided prior to the U.S. Supreme Court holding that there is no federal constitutional right to counsel in termination cases, and it is unclear whether Barlow rested at all on the state constitution.
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