(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 his or her 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.
81 Del. Laws, c. 197, § 1; 70 Del. Laws, c. 186, § 1.
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