(a) (1) In a delinquency case, a juvenile and his or her parent, guardian, or custodian shall be advised by the law enforcement official taking a juvenile into custody, by the juvenile intake officer at the initial intake interview, and by the circuit court at the juvenile's first appearance before the circuit court that the juvenile has the right to be represented at all stages of the proceedings by counsel.(2) An extended juvenile jurisdiction offender shall have a right to counsel at every stage of the proceedings, including all reviews.
(1) In a delinquency case, a juvenile and his or her parent, guardian, or custodian shall be advised by the law enforcement official taking a juvenile into custody, by the juvenile intake officer at the initial intake interview, and by the circuit court at the juvenile's first appearance before the circuit court that the juvenile has the right to be represented at all stages of the proceedings by counsel.
(2) An extended juvenile jurisdiction offender shall have a right to counsel at every stage of the proceedings, including all reviews.
(b) (1) (A) The inquiry concerning the ability of the juvenile to retain counsel shall include a consideration of the juvenile's financial resources and the financial resources of his or her family.(B) However, the failure of the juvenile's family to retain counsel for the juvenile shall not deprive the juvenile of the right to appointed counsel if required under this section.(2) After review by the court of an affidavit of financial means completed and verified by the parent of the juvenile and a determination by the court that the parent or juvenile has the ability to pay, the court may order financially able juveniles, parents, guardians, or custodians to pay all or part of reasonable attorney's fees and expenses for representation of a juvenile.(3) All moneys collected by the circuit clerk under this subsection shall be retained by the circuit clerk and deposited into a special fund to be known as the “juvenile representation fund”.(4) The court may direct that money from the juvenile representation fund be used in providing counsel for juveniles under this section in a delinquency or family in need of services case and indigent parents or guardians in dependency-neglect cases as provided by § 9-35-208, § 9-35-311(e), and subsection (e) of this section.(5) Any money remaining in the juvenile representation fund at the end of the fiscal year shall not revert to any other fund but shall carry over into the next fiscal year in the juvenile representation fund.
(1) (A) The inquiry concerning the ability of the juvenile to retain counsel shall include a consideration of the juvenile's financial resources and the financial resources of his or her family.(B) However, the failure of the juvenile's family to retain counsel for the juvenile shall not deprive the juvenile of the right to appointed counsel if required under this section.
(A) The inquiry concerning the ability of the juvenile to retain counsel shall include a consideration of the juvenile's financial resources and the financial resources of his or her family.
(B) However, the failure of the juvenile's family to retain counsel for the juvenile shall not deprive the juvenile of the right to appointed counsel if required under this section.
(2) After review by the court of an affidavit of financial means completed and verified by the parent of the juvenile and a determination by the court that the parent or juvenile has the ability to pay, the court may order financially able juveniles, parents, guardians, or custodians to pay all or part of reasonable attorney's fees and expenses for representation of a juvenile.
(3) All moneys collected by the circuit clerk under this subsection shall be retained by the circuit clerk and deposited into a special fund to be known as the “juvenile representation fund”.
(4) The court may direct that money from the juvenile representation fund be used in providing counsel for juveniles under this section in a delinquency or family in need of services case and indigent parents or guardians in dependency-neglect cases as provided by § 9-35-208, § 9-35-311(e), and subsection (e) of this section.
(5) Any money remaining in the juvenile representation fund at the end of the fiscal year shall not revert to any other fund but shall carry over into the next fiscal year in the juvenile representation fund.
(c) If counsel is not retained for the juvenile or it does not appear that counsel will be retained, counsel shall be appointed to represent the juvenile at all appearances before the court unless the right to counsel is waived as set forth under § 9-35-411.
(d) In a proceeding in which the judge determines that there is a reasonable likelihood that the proceeding may result in the juvenile's commitment to an institution in which the freedom of the juvenile would be curtailed and counsel has not been retained for the juvenile, the court shall appoint counsel for the juvenile.
(e) Appointment of counsel shall be made at a time sufficiently in advance of the court appearance to allow adequate preparation by appointed counsel and adequate consultation between the appointed counsel and the client.