Okla. Stat. tit. 10A, § 10A-2-2-301

Guardians ad litem.

A. No information gained by a custodial interrogation of a

youthful offender under sixteen (16) years of age or a child nor any

evidence subsequently obtained as a result of such interrogation

shall be admissible into evidence against the youthful offender or

child unless the custodial interrogation about any alleged offense

by any law enforcement officer or investigative agency, or employee

of the court, or employee of the Office of Juvenile Affairs is done

in the presence of the parents, guardian, attorney, adult relative,

adult caretaker, or legal custodian of the youthful offender or

child. No such custodial interrogation shall commence until the

youthful offender or child and the parents, guardian, attorney,

adult relative, adult caretaker, or legal custodian of the youthful

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offender or child have been fully advised of the constitutional and

legal rights of the youthful offender or child, including the right

to be represented by counsel at every stage of the proceedings, and

the right to have counsel appointed by the court if the parties are

without sufficient financial means; provided, however, that no legal

aid or other public or charitable legal service shall make claim for

compensation as contemplated herein. It is further provided that

where private counsel is appointed in such cases, the court shall

set reasonable compensation and order the payment out of the court

fund. As used in this section, "custodial interrogation" means

questioning of a youthful offender under sixteen (16) years of age

or child while that youthful offender or child is in law enforcement

custody or while that youthful offender or child is being deprived

of freedom of action in any significant way by a law enforcement

officer, employee of the court, or employee of the Office.

Custodial interrogation shall conform with all requirements for

interrogation of adult criminal offenders. The term "custodial

interrogation" shall not be deemed to mean questioning of a youthful

offender or child by a public school administrator or teacher, so

long as such questioning is not being conducted on behalf of a law

enforcement officer, an employee of the court or an employee of the

Office. Any information gained from noncustodial questioning of a

child or youthful offender by a public school administrator or

teacher concerning a wrongful act committed on public school

property shall be admissible into evidence against the youthful

offender or child.

B. A custodial interrogation of a youthful offender over

sixteen (16) years of age shall conform with all the requirements

for the interrogation of an adult.

C. If the youthful offender or child is not otherwise

represented by counsel, whenever a petition is filed pursuant to the

provisions of Section 2-2-104 or Section 2-5-201 et seq. of this

title, the court shall appoint an attorney, who shall not be a

district attorney, for the youthful offender or child regardless of

any attempted waiver by the parent or other legal custodian of the

youthful offender or child of the right of the youthful offender or

child to be represented by counsel. The youthful offender or child

shall be represented by counsel at every hearing or review through

completion or dismissal of the case. Counsel shall be appointed by

the court only upon determination by the court that the parent,

legal guardian or legal custodian is found to be indigent. If

indigency is established, the Oklahoma Indigent Defense System shall

represent the child in accordance with Section 1355.6 of Title 22 of

the Oklahoma Statutes or the applicable office of the county

indigent defender shall represent the child in accordance with

Section 138.5 of Title 19 of the Oklahoma Statutes. Provided, if

the parent or legal guardian of a child is not indigent but refuses
indigency is established, the Oklahoma Indigent Defense System shall

represent the child in accordance with Section 1355.6 of Title 22 of

the Oklahoma Statutes or the applicable office of the county

indigent defender shall represent the child in accordance with

Section 138.5 of Title 19 of the Oklahoma Statutes. Provided, if

the parent or legal guardian of a child is not indigent but refuses

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to employ counsel, the court shall appoint counsel to represent the

child at detention hearings until counsel is provided. Thereafter,

the court shall not appoint counsel for a child with a nonindigent

parent or legal custodian and shall order the parent or legal

custodian to obtain counsel. A parent or legal custodian of an

indigent child who has been ordered to obtain counsel for the child

and who willfully fails to follow the court order shall be found in

indirect contempt of court.

D. In all cases of juvenile delinquency, adult certification,

reverse certification, or youthful offender proceedings and appeals,

or any other proceedings and appeals pursuant to the Oklahoma

Juvenile Code, except mental health or in-need-of-supervision

proceedings and appeals, and any other juvenile proceedings that are

civil in nature, and other than in counties where the office of the

county indigent defender is appointed, the Oklahoma Indigent Defense

System shall be appointed to represent indigent juveniles as

provided for in the Indigent Defense Act. In all other cases

pursuant to this title, including juvenile proceedings that are

civil in nature, juvenile mental health or in-need-of-supervision

proceedings and appeals, with the exception of proceedings in

counties where the office of the county indigent defender is

appointed, the court shall, if counsel is appointed and assigned,

allow and direct to be paid from the local court fund a reasonable

and just compensation to the attorney or attorneys for such services

as they may render; provided, that any attorney appointed pursuant

to this subsection shall not be paid a sum in excess of One Hundred

Dollars ($100.00) for services rendered in preliminary proceedings,

Five Hundred Dollars ($500.00) for services rendered during trial,

and One Hundred Dollars ($100.00) for services rendered at each

subsequent post-disposition hearing.

E. Counsel for the child shall advise the child and advocate

the expressed wishes of the child, as much as reasonably possible,

under the same ethical obligations as if the client were an adult.

Upon motion by the state, the child, the attorney for the child, or

a parent or legal custodian of the child, the court shall appoint a

guardian ad litem.

F. The guardian ad litem shall not be a district attorney, an

employee of the office of the district attorney, an employee of the

court, an employee of a juvenile bureau, or an employee of any

public agency having duties or responsibilities towards the child.

The guardian ad litem shall be given access to the court file and

access to all records and reports relevant to the case and to any

records and reports of examination of the child's parent or other

custodian, made pursuant to this section or Section 1-2-101 of this

title. Provided, nothing in this subsection shall obligate counsel

for the child to breach attorney-client confidentiality with the

child.

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