Right to counsel

Litigation, Termination of Parental Rights (State) - Birth Parents

In In re Meko M., 272 A.D.2d 953, 954 (N.Y. App. Div. 2000), the court stated that "A parent facing removal of a child from his or her home has a fundamental right to an attorney”, and cited to In re Ella B., 285 N.E.2d 288 (N.Y. 1972), which recognized a constitutional right to counsel in child welfare cases.  The state high court has not revisited Ella B. since the U.S. Supreme Court's decision in Lassiter.

Appointment of Counsel: categorical Qualified: yes