Right to counsel

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Legislation, Abuse/Neglect/Dependency - Children

Children or wards the subject of juvenile proceedings have "[t]he right . . . to have counsel appointed as otherwise provided by law." Or. Rev. Stat. § 419B.875(2)(b). 


Appointment is mandatory for Indian children. Or. Rev. Stat. Ann. § 419B.647 ("(1) If there is reason to know that a child in a proceeding under ORS chapter 419B is an Indian child: (a) The court shall appoint counsel to represent the Indian child.").


Appointment is discretionary for all other children or wards:

"If the child, ward, parent or guardian requests counsel for the child or ward but is without sufficient financial means to employ suitable counsel possessing skills and experience commensurate with the nature of the petition and the complexity of the case, the court may appoint suitable counsel to represent the child or ward at state expense if the child or ward is determined to be financially eligible..."

Or. Rev. Stat. Ann. § 419B.195(1).

Appointment of Counsel: discretionary Qualified: no