Right to counsel

New York , 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: Yes
Qualified: Yes
? 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.