§ 6337.1. Right to counsel for children in dependency and delinquency proceedings
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: June 8, 2012
Effective: June 8, 2012
42 Pa.C.S.A. § 6337.1
§ 6337.1. Right to counsel for children in dependency and delinquency proceedings
(1) In delinquency cases, all children shall be presumed indigent. If a child appears at any hearing without counsel, the court shall appoint counsel for the child prior to the commencement of the hearing. The presumption that a child is indigent may be rebutted if the court ascertains that the child has the financial resources to retain counsel of his choice at his own expense. The court may not consider the financial resources of the child's parent, guardian or custodian when ascertaining whether the child has the financial resources to retain counsel of his choice at his own expense.
(3) Notwithstanding paragraph (1), a child who is 14 years of age or older may waive the right to counsel if the court has determined that the waiver is knowingly, intelligently and voluntarily made after having conducted a colloquy with the child on the record, in accordance with the Pennsylvania Rules of Juvenile Court Procedure, and the hearing for which waiver is sought is not one of the following:
Credits
2012, April 9, P.L. 223, No. 23, § 2, effective in 60 days [June 8, 2012].
42 Pa.C.S.A. § 6337.1, PA ST 42 Pa.C.S.A. § 6337.1
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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