Right to counsel

Key_development Question_mark

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).  Under Or. Rev. Stat. Ann. § 419B.195, appointment is mandatory for Indian children (in proceedings brought under Or. Rev. Stat. Ann. § 419B.100) for whom appointment of counsel is requested, while appointment is discretionary for 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..."

Cite: Or. Rev. Stat. Ann. § 419B.875(2)(b); Or. Rev. Stat. Ann. § 419B.195

Appointment of Counsel: discretionary Qualified: no