Right to counsel
North Carolina
,
Legislation
, Truancy - Petition Against Child
In North Carolina, truancy is handled as an “undisciplined juvenile” matter, pursuant to N.C. Gen. Stat. § 7B-1501(27)(a). And N.C. Gen. Stat. § 7B-2000 provides that indigent children are entitled to counsel in such proceedings only if they are alleged to be delinquent or in contempt. This scheme has been upheld on several occasions. In re Walker, 191 S.E.2d 702 (N.C. 1972) (no RTC for “undisciplined child” hearing because: a) statute at the time didn’t give state power to commit child unless declaring child delinquent; and b) risk of probation isn’t “critical stage” of any later delinquency); In the Matter of B.A.T., NO. COA05-186, 2005 N.C. App. LEXIS 2386 (N.C. App. 2005).
Appointment of Counsel: Yes
Qualified: Yes
