Right to counsel
Truancy is treated as a “family in need of services” matter, as per Ark. Code § 9-35-102(23) (defining “Family in need of services” as “any family whose juvenile evidences behavior that includes, but is not limited to, the following: (A) Being habitually and without justification absent from school while subject to compulsory school attendance”).
Section 9-35-208(a)-(b) covers a right to counsel in such cases, stating:
(a) In a family in need of services cases, a juvenile and his or her parent, guardian, or custodian shall be advised by the law enforcement official taking a juvenile into custody, by the intake officer at the initial intake interview, and by the court at the juvenile’s first appearance before the circuit court that the juvenile has the right to be represented at all stages of the proceedings by counsel.
(b) If counsel is not retained for the juvenile or it does not appear that counsel will be retained, counsel shall be appointed to represent the juvenile at all appearances before the court unless the right to counsel is waived as set forth in § 9-35-411.
(emphasis added).
