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.