Delaware
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Discretionary
Abuse/Neglect/Dependency - Accused Parents
Court Rule or Initiative
Key Development
Discretionary appointment of counsel
Indigent parents may be appointed counsel in state-initiated abuse and termination of parental rights cases, as per a court rule.
Read More
Litigation
Key Development
Discretionary appointment of counsel
The Delaware Supreme Court has said that due process requires a case-by-case determination for appointment of counsel in dependency cases.
Read More
Legislation
Key Development
Discretionary appointment - Mental health evaluation
Indigent parents may be appointed counsel in matters related to mental health evaluations in the abuse/neglect context.
Read More
Key Development
October 25, 2024
Delaware finally enacts right to counsel for parents
As a result of a 2024 change in the law, indigent parents are entitled to counsel at all stages of abuse cases.
Read More
Qualified
Abuse/Neglect/Dependency - Children
Court Rule or Initiative
Key Development
Right to attorney ad litem
Children have a right to a best interests attorney, and the court may also appoint a CASA or client-directed attorney.
Read More
Legislation
Key Development
September 22, 2016
Delaware grants right to counsel for children
A law passed in 2016 requires the court to appoint an attorney for a child to act as guardian ad litem in abuse and termination cases.
Read More
Categorical
Adult Protective Proceedings - Protected Person
Legislation
Key Development
Right to counsel
There is a right to counsel for indigent persons subject to adult protective services cases.
Read More
Qualified
All Basic Human Needs
Legislation
Key Development
Discretionary appointment - State employee defendants
A court may appoint counsel for a public officer or employee for a civil action against the person related to his or her employment.
Read More
Court Rule or Initiative
Key Development
September 18, 2017
Delaware Access to Justice Commission subcommittees call for right to counsel
A report by several subcommittees of the Delaware Access to Justice Commission urges recognition of a right to counsel for more civil cases.
Read More
Bar Effort
Key Development
September 24, 2019
Delaware Lawyer Magazine focuses on access to justice, right to counsel
The latest issue of Delaware Lawyer Magazine features articles looking at access to justice and the right to counsel in Delaware.
Read More
Qualified
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
Key Development
Right to counsel
Minors denied a waiver of the parental notice requirement for an abortion have a right to counsel upon request for the appeal.
Read More
Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel for indigent adult respondents for both mental health- and substance abuse-related commitments.
Read More
Qualified
Civil Contempt in Family Court
Litigation
Key Development
Right to counsel
The Delaware Supreme Court said there is a right to counsel for indigent defendants in state-brought contempt cases if they face incarceration.
Read More
Discretionary
Custody Disputes - Children
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for a child in a private custody dispute.
Read More
Discretionary
Custody Disputes - Parents
Litigation
Key Development
Discretionary appointment of counsel - guardianship of children
Indigent parents may be appointed counsel in proceedings to establish guardianship over a child.
Read More
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for parties in a divorce proceeding, which includes the custody decision.
Read More
Discretionary
Divorce
Legislation
Key Development
Discretionary appointment
A court may appoint counsel for either side in a divorce proceeding.
Read More
Doesn't Affect
Forfeiture (incomplete)
Legislation
April 5, 2017
Legislation: civil forfeiture
A pending Delaware bill would eliminate civil forfeiture and require appointment of counsel in criminal forfeiture proceedings.
Read More
Qualified
Guardianship/Conservatorship of Adults - Protected Person
Court Rule or Initiative
Key Development
Right to attorney ad litem
Respondents in adult guardianship proceedings are entitled to an attorney ad litem who serves in a best interests role.
Read More
Qualified
Guardianship/Conservatorship of Children - Child (incomplete)
Court Rule or Initiative
Key Development
Discretionary appointment of attorney ad litem
The court may appoint counsel for minors who are subject to guardianship proceedings.
Read More
Key Development
Right to attorney ad litem
Court Rule 207, which has been found applicable in private guardianship matters, provides that the court may appoint an attorney ad litem.
Read More
Discretionary
Guardianship/Conservatorship of Children - Parent or Guardian
Court Rule or Initiative
Key Development
Discretionary appointment of counsel
Court Rule 206, which has been found applicable in private guardianship matters, provides that the court may appoint counsel for parents.
Read More
Legislation
Key Development
Discretionary appointment of counsel
The Del. Supreme Court has suggested that due process requires a case-by-case determination for appointment of counsel in guardianship cases.
Read More
Discretionary
Housing - Discrimination
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for either side in a housing discrimination case.
Read More
Doesn't Affect
Housing - Evictions
Report
May 1, 2020
Delaware report flags low tenant rep rate, need for counsel
A University of Delaware report flags the low rate of tenant representation and the small dollars involved in some eviction actions.
Read More
Legislation
June 16, 2023
Delaware takes major step towards tenant right to counsel
Delaware's new law entitles tenants to counsel in certain housing matters, but subject to qualifications that fall short of a full right.
Read More
Qualified
Incarceration for Fees/Fines (incomplete)
Litigation
Key Development
Right to counsel
The Delaware Supreme Court said there is a right to counsel for indigent defendants in state-brought contempt cases if they face incarceration.
Read More
Categorical
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
Right to counsel
There is a right to court-appointed counsel for indigent adult respondents in both mental health- and substance abuse-related treatment matters.
Read More
Discretionary
Issues Related to Incarcerated People
Litigation
Key Development
Discretionary appointment of counsel
The court may appoint counsel for an indigent prisoner in a civil case if the State hasn't afforded "meaningful access" to the courts otherwise.
Read More
Qualified
Other subject area
Legislation
Key Development
September 30, 2024
Attorney ad litem - Judicial review of finding of incapacity
In judicial reviews of incapacity findings for purposes of healthcare decision making, the court shall appoint an attorney ad litem.
Read More
Qualified
Parentage - Defendant/Respondent
Litigation
Key Development
Discretionary appointment of counsel
The Delaware Supreme Court has suggested that appointment of counsel may be appropriate in some paternity cases.
Read More
Qualified
Quarantine/Isolation
Legislation
Key Development
Right to counsel
There is a right to counsel in isolation, quarantine or treatment proceedings, except due to a sexually transmitted disease.
Read More
No Such Proceeding
Sexually Dangerous Persons - Commitment
Legislation
No such proceeding
There is no procedure in the state for confinement of a sexually dangerous/violent person.
Read More
No Such Proceeding
Sterilization
Legislation
September 11, 2023
No such proceeding
Previously, there was a qualified right to counsel in sterilization proceedings. But the legislature repealed the provisions in 2023.
Read More
Discretionary
Termination of Parental Rights (Private) - Birth Parents
Litigation
Key Development
Discretionary appointment of counsel
Indigent parents may be appointed counsel in adoptions.
Read More
Qualified
Termination of Parental Rights (Private) - Children
Court Rule or Initiative
Key Development
Right to attorney ad litem
Children in private termination proceedings have a right to an attorney ad litem. The court may also appoint a CASA or client-directed counsel.
Read More
Discretionary
Termination of Parental Rights (State) - Birth Parents
Court Rule or Initiative
Key Development
Discretionary appointment of counsel
Indigent parents may be appointed counsel in state-initiated abuse and termination of parental rights cases, as per a court rule.
Read More
Legislation
Key Development
October 25, 2024
Delaware finally enacts right to counsel for parents
As a result of a 2024 change in the law, indigent parents are entitled to counsel at all stages of abuse cases.
Read More
Qualified
Termination of Parental Rights (State) - Children
Court Rule or Initiative
Key Development
Right to attorney ad litem
Children have a right to a best interests attorney, and the court may also appoint a CASA or client-directed attorney.
Read More
Legislation
Key Development
September 22, 2016
Delaware grants right to counsel for children
A law passed in 2016 requires the court to appoint an attorney for a child to act as guardian ad litem in abuse and termination cases.
Read More
Qualified
Truancy - Petition Against Child
Legislation
Key Development
Right to counsel
There is no right to counsel for initial truancy proceedings, but rather only for some matters relating to violation of a truancy court order.
Read More
Qualified