(1) A court shall advise the following of the individual's right to counsel when the individual first appears before the court: (a) an adult charged with a criminal offense the penalty for which includes the possibility of incarceration regardless of whether actually imposed; (b) a parent or legal guardian facing any action under: (i)Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings; (ii)Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act; (iii)Title 78A, Chapter 6, Part 10, Adult Offenses; or (iv) Section 78B-6-112; or (c) an individual described in this Subsection (1), who is appealing a first appeal from a conviction or other final court action.

(a) an adult charged with a criminal offense the penalty for which includes the possibility of incarceration regardless of whether actually imposed;

(b) a parent or legal guardian facing any action under: (i)Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings; (ii)Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act; (iii)Title 78A, Chapter 6, Part 10, Adult Offenses; or (iv) Section 78B-6-112; or

(i)Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings;

(ii)Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act;

(iii)Title 78A, Chapter 6, Part 10, Adult Offenses; or

(iv) Section 78B-6-112; or

(c) an individual described in this Subsection (1), who is appealing a first appeal from a conviction or other final court action.

(2) If an individual described in Subsection (1) does not knowingly and voluntarily waive the right to counsel, the court shall determine whether the individual is indigent under Section 78B-22-202.