Right to counsel - truancy

Key_development Question_mark

Legislation, Other subject area

There is a right to counsel in certain truancy proceedings, as Tenn. Code § 37-1-126(a)(1) provides a right to counsel for minors in "unruly conduct" proceedings that place the child in jeopardy of being removed from the home, and § 37-1-102(b)(25)(A) defines "unruly child" as "a child in need of treatment and rehabilitation who: (i) Habitually and without justification is truant from school while subject to compulsory school attendance under § 49-6-3007 …"

 

Under Tenn. Code Ann. § 37-1-126(a)(2)(A), an adult is entitled to representation by legal counsel at all stages of any proceeding involving violation of compulsory school attendance pursuant to §§ 49-6-3007 and 49-6-3009.

Appointment of Counsel: categorical Qualified: yes