Right to counsel

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Legislation, Truancy - Petition Against Child

In Idaho, truancy can be treated either as a status offense (pursuant to Idaho Code § 20-516(1)(c)) or as a dependency matter (pursuant to Idaho Code § 16-1602(31)(d)).  If the former, the child has a right to appointed counsel if indigent pursuant to Idaho Code § 20-514(1)(a), whereas for the latter, Idaho Code § 16-1614(2)(a) specifies that the court must appoint counsel regardless of indigence for a child 12 or older, while 16-1614(2)(a) specifies that the court may appoint counsel for a child under 12 (and must appoint a guardian ad litem).


As to payment for appointed counsel, Idaho Code Ann. § 16-1614(3) specifies, "Counsel appointed for the child under the provisions of this section shall be paid for by the office of the state public defender unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs."

Appointment of Counsel: categorical Qualified: yes