Pennsylvania

Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Doesn't Affect

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

May 20, 2024
HB2304
Repeals the requirement that minors obtain parental consent for an abortion as well as the process for bypass of consent, for which minors currently have RTC; provides for judicial review of a guardian's decision on behalf of a protected person as to an abortion for which the protected person has the RTC
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.
Categorical

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development
? 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).
December 14, 2023
PA joins majority of states in establishing RTC for guardianships
As of 2023, there is a right to client-directed counsel in guardianship proceedings regardless of ability to pay.
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Appointment of Counsel:  Yes
Qualified: No
? 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.
Key Development
? 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).
May 20, 2024
HB2304
Repeals the requirement that minors obtain parental consent for an abortion as well as the process for bypass of consent, for which minors currently have RTC; provides for judicial review of a guardian's decision on behalf of a protected person as to an abortion for which the protected person has the RTC
Read More
Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.
Doesn't Affect

Incarceration for Fees/Fines (incomplete)

Legislation

March 8, 2023
HB190
If court is considering incarcerating a defendant who has defaulted on payment of fees/fines, notice to defendant must inform them of their RTC.
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.
Doesn't Affect

Involuntary Medical Treatment (incomplete)

Legislation

October 18, 2023
SB962
Provides the RTC to respondents in invol. treatment for substance use matters unless "it appears [they] can afford" (and desire) private representation
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Appointment of Counsel:  Doesn't Affect
Qualified: No
? 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.
Categorical

Abuse/Neglect/Dependency - Accused Parents

Qualified

Abuse/Neglect/Dependency - Children

Categorical

Adult Protective Proceedings - Protected Person

Qualified

All Basic Human Needs

Categorical

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Categorical

Civil Commitment

Qualified

Civil Contempt in Family Court

Discretionary

Custody Disputes - Children

Qualified

Forfeiture (incomplete)

Categorical

Guardianship/Conservatorship of Adults - Protected Person

Qualified

Housing - Evictions

Categorical

Incarceration for Fees/Fines (incomplete)

Categorical

Involuntary Medical Treatment (incomplete)

Qualified

Parentage - Defendant/Respondent

Qualified

Quarantine/Isolation

Categorical

Sexually Dangerous Persons - Commitment

Categorical

Sexually Dangerous Persons - Registration/Notification

Discretionary

Sterilization

Categorical

Termination of Parental Rights (Private) - Birth Parents

Qualified

Termination of Parental Rights (Private) - Children

Categorical

Termination of Parental Rights (State) - Birth Parents

Qualified

Termination of Parental Rights (State) - Children

Categorical

Truancy - Petition Against Child