(A) Right to Counsel. A child charged with a delinquent act is entitled to be represented by counsel in accordance with Ind. Code Section 31-32-4-1.(B) Mandatory Appointment of Counsel in Certain Juvenile Delinquency Proceedings. However, counsel for the child must be appointed:
(1) when there is a request to waive the child to a court having criminal jurisdiction; or(2) when a parent, guardian, or custodian of the child has an interest adverse to the child; or(3) before convening any hearing in which the court may find facts (or the child may admit to facts) on the basis of which the court may impose the following:
(a) wardship of the child to the Department of Correction;(b) placement of the child in a community based correctional facility for children;(c) confinement or continued confinement of the child in a juvenile detention center following the earlier of an initial or detention hearing;(d) placement or continued placement of the child in a secure private facility following the earlier of an initial or detention hearing;(e) placement or continued placement of the child in a shelter care facility following the earlier of an initial or detention hearing; or(f) placement or continued placement of the child in any other non-relative out of home placement following the earlier of an initial or detention hearing
unless or until a valid waiver has been or is made under subsection (C) below.
(C) Waiver. Following the appointment of counsel under subsection (B), any waiver of the right to counsel shall be made in open court, on the record and confirmed in writing, and in the presence of the child’s attorney.(D) Withdrawing Waiver. Waiver of the right to counsel may be withdrawn at any stage of a proceeding, in which event the court shall appoint counsel for the child.(E) Effective Date. This rule shall become effective January 1, 2015.
