North Dakota § 27-20.2-12 Right to counsel

North Dakota Statutes

§ 27-20.2-12 — Right to counsel

North Dakota § 27-20.2-12

Title 27Judicial Branch of Government

Ch. 27-20.2Juvenile Court Act

This text of North Dakota § 27-20.2-12 (Right to counsel) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 27-20.2-12 (2026).

Text

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

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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.