Right to counsel

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Legislation, Truancy - Petition Against Child

Delaware treats truancy as a status offense, pursuant to 14 Del. C. § 2728(a).  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).  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 t ocounsel 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