Right to counsel
Delaware
,
Legislation
, Truancy - Petition Against Child
Delaware treats truancy as a status offense, pursuant to Del. Code tit. 14, § 2730. Upon the 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). Del. Code tit. 14, § 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. See Del. Code tit. 14, § 2731(d) (for all violation proceedings) and 28 C.F.R. § 31.303(f)(3)(v)(D) (if incarceration is sought).
Appointment of Counsel: Yes
Qualified: Yes
