(A)
All children in delinquency and status offense
cases shall be appointed counsel at the earliest
stage of proceedings in order for the child to have a meaningful
opportunity to consultinteract
with the lawyer.
(B)
If a child is charged with any offense for which
out of home placement is possible, tThe
court shall not allow any waiver of counsel unless the child has met privately
with appointed counsel to discuss the child’s right to counsel and the
disadvantages of self-representation.
(C)
A child’s right to be represented by counsel may not be waived in the following circumstances:
(D) (1) When a child is being detained pending adjudication;
(2) At a hearing conducted pursuant to Juv. R. 30;
(3) When a serious youthful offender dispositional sentence has been requested; or
(4) When
there is a conflict or disagreement between the child and the parent, guardian,
or custodian; or if the parent, guardian, or custodian requests that the child
be removed from the home. .
(E)
In all other cases Aany waiver of the right to counsel shall be made in open
court, recorded, in the presence of the child’s lawyer, and in writing. The court shall advise the child of the right
to counsel and the dangers of self-representation In
determining whether a child has knowingly, intelligently, and voluntarily
waived the right to counsel, the court shall look to the totality of the
circumstances including, but not limited to: the child’s age; intelligence;
education; background and experience generally and in the court system
specifically; the child’s emotional stability; and the complexity of the
proceedings. The Court shall ensure that a child consults with a parent,
guardian, or guardian ad litem, before any waiver of counsel. However, no
parent, guardian, custodian, or other person may waive the child’s right to
counsel.
(F)
(G)
If a child is facing the potential loss of liberty,
the child shall be informed on the record of the child’s right to counsel and
the disadvantages of self-representation.
(H)
If a child is charged with awhich out of home
placement felony offense, the court shall not
allow any waiver of counsel unless the child has met privately with an attorney
to discuss the child’s right to counsel and the disadvantages of
self-representation.
(I)
Children are presumed indigent and thus entitled to
the appointment of counsel at state expense without regard to the income of the
child’s parent, guardian or custodian.
(A)
Any waiver of the right to counsel shall be made in open court, recorded, in the
presence of the child’s lawyer, and in writing. The court shall advise the child of the right
to counsel and the dangers of self-representation In determining whether a child has knowingly,
intelligently, and voluntarily waived the right to counsel, the court shall
look to the totality of the circumstances including, but not limited to: the
child’s age; intelligence; education; background and experience generally and
in the court system specifically; the child’s emotional stability; and the
complexity of the proceedings. The Court shall ensure that a child consults
with a parent, guardian, or guardian ad litem, before any waiver of counsel.
However, no parent, guardian, custodian, or other person may waive the child’s
right to counsel.
(J) Other rights of a child may be waived with permission of the court.
Effective July 1, 2012
(Changes are in Bold)