Discretionary appointment – Mental health evaluation
Delaware
,
Legislation
, Abuse/Neglect/Dependency - Accused Parents
If the state petitions for a substance abuse or mental health evaluation as part of an abuse/neglect proceeding, 16 Del. C. § 910(e) provides that an “indigent parent or guardian shall have the right to request a Court-appointed attorney authorized to practice law in this State to represent the parent or guardian at no cost to that parent or guardian.” (emphasis added). The “right to request” counsel typically denotes a discretionary appointment system, although this language has not been interpreted.
Appointment of Counsel: Discretionary
Qualified: Yes
