27-20.2-12. Right to counsel

27-20.2-12. Right to counsel 1. Except as provided in section 27-20.1-09, a child alleged to be within the jurisdiction of the court in an action arising under chapters 27-20.1, 27-20.2, 27-20.3, and 27-20.4 has the right to be represented by counsel in all proceedings in which a petition has been filed. Counsel for the child must be appointed, regardless of income, unless counsel is retained for the juvenile, in any proceeding in which the juvenile is alleged to be: a. Delinquent; or b. A child in need of protection if the child is of sufficient age and competency to assist counsel. 2. A child may waive the right to counsel in a juvenile delinquency proceeding if the child, who is fourteen years of age or older and the court has determined the waiver is knowing, voluntary, and intelligent. The waiver must be made on the record. If a child waives counsel for a hearing, the child must be informed of the right to revoke the waiver and request counsel at all subsequent hearings. 3. The court may require payment for reimbursement of counsel appointed pursuant to this section from a person that has legal care, custody, or control of the child. The court must include a finding regarding reimbursement in the findings of fact and order for disposition. 4. A child's parent, legal guardian, or custodian is entitled to counsel upon the filing of an application for counsel and a determination of indigency. If a party appears without counsel, the court shall determine whether the party knows the party may be represented by counsel and that the party is entitled to counsel at public expense if indigent. The court may continue the proceeding to enable a party to obtain counsel. A child's parent, legal guardian, or custodian determined to be indigent is entitled to counsel: a. At a detention hearing; b. At the dispositional stage of a juvenile delinquency matter; c. At all proceedings in a child in need of protection; or d. In a permanency or review of an order entered in any of the proceedings under subdivision a, b, or c. 5. The child may elect to be represented by counsel for a nonjudicial adjustment.