West Virginia

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

Termination of Parental Rights (State) - Birth Parents

Litigation

August 7, 2024
Dissent - WV should join majority of states in recognizing effective assistance in TPR
The dissent urged advocates to continue to raise the right to effective assistance of counsel for parents in TPR cases.
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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

Categorical

Abuse/Neglect/Dependency - Children

Qualified

All Basic Human Needs

Categorical

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

Categorical

Civil Commitment

Categorical

Civil Contempt in Family Court

Discretionary

Custody Disputes - Children

Categorical

Forfeiture (incomplete)

Categorical

Guardianship/Conservatorship of Adults - Protected Person

Discretionary

Housing - Discrimination

Qualified

Incarceration for Fees/Fines (incomplete)

Qualified

Issues Related to Incarcerated People

Qualified

Parentage - Defendant/Respondent

Qualified

Quarantine/Isolation

No Such Proceeding

Sexually Dangerous Persons - Commitment

No Such Proceeding

Sterilization

Categorical

Termination of Parental Rights (State) - Birth Parents

Categorical

Termination of Parental Rights (State) - Children

Categorical

Truancy - Petition Against Child