Right to counsel

California , Legislation , Truancy - Petition Against Child

In California, habitual truancy is treated as a status offense, as per Cal. Welf. & Inst. Code § 601.  And minors have a right to appointed counsel in status offense proceedings regardless of indigence, as per Cal. Welf. & Inst. Code § 634.

Additionally, Cal. Welf. & Inst. Code § 16001.9, which is applicable to “[a]ll children placed in foster care, either voluntarily or after being adjudged a ward or dependent of the juvenile court pursuant to Section 300601, or 602,” provides an enumerated list of rights, including the right:

(33) To be represented by an attorney in juvenile court; to have an attorney appointed to advise the court of the child’s wishes, to advocate for the child’s protection, safety, and well-being, and to investigate and report to the court on legal interests beyond the scope of the juvenile proceeding; to speak to the attorney confidentially; and to request a hearing if the child feels their appointed counsel is not acting in their best interest or adequately representing their legal interests.

Appointment of Counsel: Yes
Qualified: No
? 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.