2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 169-B - Delinquent Children › Section 169-B:12 - Appointment of Counsel; Waiver of Counsel.

169-B:12 Appointment of Counsel;  Waiver of Counsel. –
I. Absent a valid waiver, the court shall appoint counsel for an indigent minor pursuant to RSA 169-B:7, III. For purposes of this section, an indigent minor shall be a minor who satisfies the court, after appropriate inquiry, that the minor is financially unable to independently obtain counsel. If the court has received information indicating that the minor may have an intellectual, cognitive, emotional, learning, or sensory disability, the court shall not permit the minor to waive the right to counsel.
I-a. When an attorney is appointed as counsel for a child, representation shall include counsel and investigative, expert, and other services, including process to compel the attendance of witnesses, as may be necessary to protect the rights of the child.
II. The court may accept a waiver of counsel in a delinquency proceeding only when:
(a) The minor is represented by a non-hostile parent, guardian, or custodian;
(b) Both the minor and parent, guardian, or custodian agree to waive counsel;
(c) In the court's opinion the waiver is made competently, voluntarily, and with full understanding of the consequences;
(d) The petition does not allege a violation of RSA 631:1, RSA 631:2, RSA 635:1, or any violation of RSA 630, RSA 632-A, RSA 633, or RSA 636; and
(e) The prosecution has informed the court that it does not intend to seek certification pursuant to RSA 169-B:24, RSA 169-B:25, or any other provision of law permitting adult prosecution of the minor.
II-a. If the minor and the parent, guardian, or custodian have not consulted with counsel about the possible consequences of the proposed waiver of the right to counsel, the court shall not accept a waiver pursuant to paragraph II.
II-b. [Repealed.]
II-c. A verbatim record shall be made of all proceedings conducted pursuant to this section and of all subsequent proceedings in any case in which a court has accepted a waiver of counsel under this section.
III. Whenever a court appoints counsel pursuant to the provisions of paragraph I, the court shall conduct an appropriate inquiry as to whether any person who pursuant to RSA 546-A:2 is liable for the support of the minor for whom counsel was appointed is financially able to pay for such minor's counsel. If the court determines that the person liable for support is financially able to pay for said counsel, in whole or in part, the court shall enter an appropriate order requiring said person to reimburse the state for the representation provided. For the purposes of this paragraph, the inquiry conducted by the court shall include notice and hearing to the person liable for support.
IV. A juvenile shall not be subject to detention unless:
(a) The juvenile is represented by counsel at the hearing where detention is ordered; or
(b) Detention is ordered on an emergency basis and a detention hearing is scheduled within 24 hours of the emergency detention, Saturdays, Sundays, and holidays excepted, at which hearing the juvenile shall be represented by counsel.
V. No prosecutor, law enforcement officer, juvenile probation and parole officer, juvenile parole board member, or any other state or municipal employee shall advise a juvenile to waive his or her right to counsel under this chapter or under chapter 621, nor shall any such person advise a parent or guardian of a juvenile that the juvenile should waive his or her right to counsel, nor shall any such person provide information to a juvenile or the parent or guardian of a juvenile under circumstances which a reasonable person would know would encourage a waiver of the right to counsel.
VI. Whenever a juvenile is detained, committed, or otherwise placed outside his or her home, the court shall appoint counsel if such appointment has not previously been made in the proceedings. Such appointment shall be made at a time sufficiently in advance of the decision to place the juvenile outside the home to allow counsel to provide effective representation on the issue of placement, and such appointment shall continue until the court no longer has jurisdiction over the juvenile pursuant to this chapter. The court shall not accept a waiver of counsel when appointment is required by this paragraph.
Source.
1979, 361:2. 1981, 568:20, IV, V. 1995, 302:11. 1997, 292:1. 2001, 162:2, 3. 2008, 274:3, eff. July 1, 2008. 2014, 215:20, eff. July 1, 2015. 2015, 260:1, eff. July 1, 2015 at 12:01 a.m. 2017, 180:2, eff. Aug. 28, 2017. 2020, 26:31, eff. July 1, 2021. 2021, 207:2, Pt. I, Secs. 2, 3 and 6, eff. Jan. 1, 2022.