(1) A court shall advise the following of the individual's right to counsel no later than the individual's first court appearance:
(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 an action initiated by the state under:
(i) Title 78A, Chapter 6, Part 4a, Adult Criminal Proceedings;
(ii) Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings; or
(iii) Title 80, Chapter 4, Termination and Restoration of Parental Rights;
(c) a parent or legal guardian facing an action initiated by any party under:
(i) Section 81-13-205; or
(ii) Title 80, Chapter 4, Termination and Restoration of Parental Rights; or
(d) an individual described in this Subsection (1), who is appealing 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.