Rule 3. Right to Counsel. A. All parties in any hearing or proceeding under these rules shall have the right to be represented by counsel as provided in §6337 of the Juvenile Act. B. Any waiver of the rights to counsel shall be in writing executed immediately prior to each hearing, and signed by both the child and his parent, guardian, or custodian. C. No child may competently waive counsel outside the presence of his parent, guardian, or custodian. D. Before accepting such waiver as competent, the Court shall ascertain whether it has been knowingly, intelligently and voluntarily made. E. If the child or his parents or guardian have not engaged private counsel, counsel shall be appointed to represent a subject child at a detention or transfer hearing if a parent or guardian of the child is not present, and at an adjudication hearing if the subject child denies any material allegation of the petition. F. A public defender shall be appointed by order of the Court to represent a juvenile when deemed necessary to secure substantial justice for the subject child. Such appointment shall be appropriate in those instances where a parent, guardian, or custodian who have no apparent conflict of interest with the child and would not otherwise qualify for the assistance of the Public Defender’s Office, nevertheless refuse or decline to engage counsel for their child. In such an instance, the Court shall impose a charge on the parent, guardian, or custodian for the services of the public defender which it feels is appropriate in light of the cost of legal services and the financial conditions of the family.
Rule 3. Right to Counsel.
A. All parties in any hearing or proceeding under these rules shall
have the right to be represented by counsel as provided in §6337 of
the Juvenile Act.
B. Any waiver of the rights to counsel shall be in writing executed
immediately prior to each hearing, and signed by both the child and
his parent, guardian, or custodian.
C. No child may competently waive counsel outside the presence of
D. Before accepting such waiver as competent, the Court shall ascertain
whether it has been knowingly, intelligently and voluntarily made.
E. If the child or his parents or guardian have not engaged private
counsel, counsel shall be appointed to represent a subject child at a
detention or transfer hearing if a parent or guardian of the child is not
present, and at an adjudication hearing if the subject child denies any
material allegation of the petition.
F. A public defender shall be appointed by order of the Court to
represent a juvenile when deemed necessary to secure substantial
justice for the subject child. Such appointment shall be appropriate in
those instances where a parent, guardian, or custodian who have no
apparent conflict of interest with the child and would not otherwise
qualify for the assistance of the Public Defender’s Office, nevertheless
refuse or decline to engage counsel for their child. In such an instance,
the Court shall impose a charge on the parent, guardian, or custodian
for the services of the public defender which it feels is appropriate in
light of the cost of legal services and the financial conditions of the
family.
