Right to counsel

Oregon , Legislation , Abuse/Neglect/Dependency - Children

Children or wards the subject of juvenile proceedings have “[t]he right . . . to have counsel appointed as otherwise provided by law.” Or. Rev. Stat. § 419B.875(2)(b).

Appointment is mandatory for Indian children. Or. Rev. Stat. Ann. § 419B.647 (“(1) If there is reason to know that a child in a proceeding under ORS chapter 419B is an Indian child: (a) The court shall appoint counsel to represent the Indian child.”).

Appointment is discretionary for all other children or wards.  The Court may appoint counsel if the child “is determined to be financially eligible.”  This is true unless a request for counsel is made, in which case the court must appoint an attorney for the child. See Or. Rev. Stat. Ann. § 419B.195(1).

Appointment of Counsel: Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.