House Bill 6
149th General Assembly (Present)
Becomes effective upon date of signature of the Governor or upon date specified
AN ACT TO AMEND TITLES 10 AND 14 OF THE DELAWARE CODE RELATING TO A JUVENILE'S RIGHT TO COUNSEL IN FAMILY COURT AND THE JUSTICE OF THE PEACE COURT.
This Act codifies a juvenile's right to counsel in Family Court delinquency proceedings. The bill outlines certain circumstances where a juvenile may not waive the right to counsel: where the juvenile is accused of a felony, where the juvenile is in the custody of the Division of Family Services, where the juvenile is under the age of 16, or where the victim of the alleged delinquent act is a family member or guardian or where the family member or guardian has an interest adverse to the juvenile. The bill also codifies a right to counsel in criminal contempt proceedings related to truancy in the Justice of the Peace Court. The procedures for appointment and waiver are the same as set forth for Family Court.