Delaware Code Title 10 Sec. 1007C – Appointment of counsel for juveniles
(a) A juvenile against whom delinquency proceedings have been initiated shall have the right to counsel at all stages.
Terms Used In Delaware Code Title 10 Sec. 1007C
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(b) If a juvenile is not represented by counsel at the juvenile’s initial Family Court appearance, the Court shall order the Chief Defender to assign counsel to represent the juvenile.
(c) The juvenile’s right to be represented by counsel under subsection (a) of this section shall not be waived:
(1) By a juvenile of any age where the delinquent act the juvenile is accused of is a felony.
(2) By a juvenile of any age who is in the custody of the Division of Family Services.
(3) By a juvenile who is younger than 16 years of age at the time of the attempted waiver.
(4) By a juvenile whose family member, guardian, or custodian is the alleged victim of the delinquent act or whose interest is determined by the Court to be adverse to the juvenile’s interest.
(d) Unless prohibited pursuant to subsection (c) of this section, a juvenile may waive the right to counsel in accordance with Family Court Rules. However, no such waiver shall be permitted unless the juvenile has been informed of the juvenile’s right to counsel, and the consequences of a waiver, through an in-person meeting with counsel.
(e) Compensation for the services of appointed counsel may not be assessed against the juvenile, or the juvenile’s parent, guardian, or custodian in a delinquency or criminal proceeding.
81 Del. Laws, c. 197, § 1; 70 Del. Laws, c. 186, § ?1; 83 Del. Laws, c. 441, § 3;