Right to counsel

Key_development Question_mark

Legislation, Truancy - Petition Against Child

Delaware treats truancy as a status offense, pursuant to 14 Del. C. § 2730.  Upon filing of a truancy matter in court, there is no right to appointed counsel for the child in a hearing on whether to impose a valid court order (VCO).  14 Del. C. § 2728.  But if the child is subsequently held in contempt for a violation of the VCO (which is treated as criminal contempt), there is a right to counsel as 14 Del. C. § 2731(d) (for all violation proceedings) and 28 C.F.R. 31.303(f)(3)(v)(D) (if incarceration is sought).

Appointment of Counsel: categorical Qualified: yes