Right to attorney GAL

Tennessee, Legislation, Termination of Parental Rights (State) - Children

Tenn. Code Ann. § 37-1-149 requires the court to appoint a GAL for the child in juvenile court proceedings.  Tn. R. S. Ct. Rule 40(b)(1) defines “guardian ad litem” as “a lawyer appointed by the court to advocate for the best interests of a child and to ensure that the child’s concerns and preferences are effectively advocated.”

Tenn. Code § 37-2-704(b) specifies that in any case involving an Indian child, “The court
may, in its discretion, appoint counsel for the child upon a finding that such appointment is in
the best interest of the child.”

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.