Ensuring individuals have a right to effective counsel when facing the loss of their basic human needs in the civil legal system.

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Delaware

Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
What do these terms mean?
Recent Activity
Right to Counsel Status
Categorical

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
October 25, 2024
Delaware finally enacts right to counsel for parents
A 2024 change in the law provides indigent parents with counsel at all stages of abuse cases, including termination and reinstatement matters.
Read More
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.
The NCCRC submitted testimony in support of the bill in both March of 2023 and May 2024.
Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
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
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.
Doesn't Affect

All Basic Human Needs

Bar Effort

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
Appointment of Counsel:  Doesn't Affect
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.

The NCCRC Coordinator authored one of the articles in the issue.

Court Rule or Initiative

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
Appointment of Counsel:  Doesn't Affect
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.
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
Appointment of Counsel:  Doesn't Affect
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.
Discretionary

Housing - Evictions

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
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
Appointment of Counsel:  Discretionary
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.

The NCCRC gave input to the advocacy coalition behind the bill.

Report

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
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
Appointment of Counsel:  Doesn't Affect
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.
Qualified

Other subject area

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
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
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.
Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
May 13, 2025
SB79
Would provide right to counsel for certain relatives petitioning for termination of parental rights for the purposes of adoption.
Read More
Appointment of Counsel:  Doesn't Affect
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.
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
Appointment of Counsel:  No Such Proceeding
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.
Categorical

Termination of Parental Rights (State) - Birth Parents

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
October 25, 2024
Delaware finally enacts right to counsel for parents
A 2024 change in the law provides indigent parents with counsel at all stages of abuse cases, including termination and reinstatement matters.
Read More
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.
The NCCRC submitted testimony in support of the bill in both March of 2023 and May 2024.
Qualified

Termination of Parental Rights (State) - Children

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
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
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.
Categorical

Abuse/Neglect/Dependency - Accused Parents

Qualified

Abuse/Neglect/Dependency - Children

Categorical

Adult Protective Proceedings - Protected Person

Qualified

All Basic Human Needs

Qualified

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Categorical

Civil Commitment

Qualified

Civil Contempt in Family Court

Discretionary

Custody Disputes - Children

Discretionary

Custody Disputes - Parents

Discretionary

Divorce

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Qualified

Guardianship/Conservatorship of Children - Child (incomplete)

Discretionary

Guardianship/Conservatorship of Children - Parent or Guardian

Discretionary

Housing - Discrimination

Discretionary

Housing - Evictions

Qualified

Incarceration for Fees/Fines (incomplete)

Categorical

Involuntary Medical Treatment (incomplete)

Discretionary

Issues Related to Incarcerated People

Qualified

Other subject area

Qualified

Parentage - Defendant/Respondent

Qualified

Quarantine/Isolation

No Such Proceeding

Sexually Dangerous Persons - Commitment

No Such Proceeding

Sterilization

Discretionary

Termination of Parental Rights (Private) - Birth Parents

Qualified

Termination of Parental Rights (Private) - Children

Categorical

Termination of Parental Rights (State) - Birth Parents

Qualified

Termination of Parental Rights (State) - Children

Qualified

Truancy - Petition Against Child

© 2003-2024 National Coalition for a Civil Right to Counsel

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

About Us
Mission & Vision Our Team Our Work Funders & Supporters Contact
About Civil RTC
History CRTC Champions FAQ
News
Events
Resource Library
Status Map Bibliographies Advocacy Tools Key Issue: Tenant RTC
Get Involved
Donate
Status Map