10 Del. C. § 1007C
This is the official text of 10 Del. C. § 1007C, part of Delaware’s Del. C — part of the compiled statutory law of Delaware, published by the state as "Del. C." Browse the sections below, each linked to its official government source.
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§ Â 1007C. Appointment of counsel for juveniles.
Official statutory text
(a) A juvenile against whom delinquency proceedings have been initiated shall have the right to counsel at all stages.
(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.
(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.
Status: in_force · Read it on the official government site
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