Right to counsel

Key_development Question_mark

Legislation, Truancy - Petition Against Child

Wis. Stat. Ann. § 938.13(6) defines habitual truancy as a "child in need of protection or services" matter.  In turn, Wis. Stat. § 938.23(1m)(b)(1) specifies that the court may appoint counsel in such matters, while Wis. Stat. § 938.23(1m)(b)(2) states that if the petition is contested, no child may be placed outside their home until counsel is appointed for the fact-finding and subsequent proceedings (if uncontested, the court may not place the juvenile outside his or her home unless the juvenile is represented by counsel at the hearing at which the placement is made.  If the child is 12 or under, the court can appoint a guardian ad litem instead of counsel.

Appointment of Counsel: categorical Qualified: yes