Ch. 442

2004 LAWS OF MARYLAND

UNDER THIS SUBTITLE, IF A CHILD INDICATES A DESIRE TO WAIVE THE RIGHT TO
THE ASSISTANCE OF COUNSEL, THE COURT MAY NOT ACCEPT THE WAIVER UNLESS:

(I)      THE CHILD IS IN THE PRESENCE OF COUNSEL AND HAS
CONSULTED WITH COUNSEL; AND

(II)     THE COURT DETERMINES THAT THE WAIVER IS KNOWING AND
VOLUNTARY.

(4) IN DETERMINING WHETHER THE WAIVER IS KNOWING AND
VOLUNTARY, THE COURT SHALL CONSIDER, AFTER APPROPRIATE QUESTIONING IN
OPEN COURT AND ON THE RECORD, WHETHER THE CHILD FULLY COMPREHENDS:

(I)      THE NATURE OF THE ALLEGATIONS AND THE PROCEEDINGS,
AND THE RANGE OF ALLOWABLE DISPOSITIONS;

(II)     THAT COUNSEL MAY BE OF ASSISTANCE IN DETERMINING AND
PRESENTING ANY DEFENSES TO THE ALLEGATIONS OF THE PETITION, OR OTHER
MITIGATING CIRCUMSTANCES;

(III)   THAT THE RIGHT TO THE ASSISTANCE OF COUNSEL IN A
DELINQUENCY CASE, OR A CHILD IN NEED OF SUPERVISION CASE, INCLUDES THE
RIGHT TO THE PROMPT ASSIGNMENT OF AN ATTORNEY, WITHOUT CHARGE TO THE
CHILD IF THE CHILD IS FINANCIALLY UNABLE TO OBTAIN PRIVATE COUNSEL;

(IV)    THAT EVEN IF THE CHILD INTENDS NOT TO CONTEST THE
CHARGE OR PROCEEDING, COUNSEL MAY BE OF SUBSTANTIAL ASSISTANCE IN
DEVELOPING AND PRESENTING MATERIAL THAT COULD AFFECT THE DISPOSITION;
AND

(V)     THAT AMONG THE CHILD'S RIGHTS AT ANY HEARING ARE THE
RIGHT TO CALL WITNESSES ON THE CHILD'S BEHALF, THE RIGHT TO CONFRONT AND
CROSS-EXAMINE WITNESSES, THE RIGHT TO OBTAIN WITNESSES BY COMPULSORY
PROCESS, AND THE RIGHT TO REQUIRE PROOF OF ANY CHARGES.

(C) Compensation for the services of an attorney appointed to represent a child
in an action under this subtitle may be assessed by the court against any party or
against a parent of the child.

[(c)] (D) (1) A party is not entitled to the assistance of counsel at a peace
order proceeding.

(2) Paragraph (1) of this subsection does not affect the entitlement of a
respondent to the assistance of counsel in a contempt proceeding as provided by law.

(E) (1) UNLESS THE CASE IS DISMISSED, IF A CHILD APPEARS IN COURT
WITHOUT COUNSEL FOR A WAIVER HEARING UNDER § 3-8A-06 OF THIS SUBTITLE, OR
AN ADJUDICATORY HEARING UNDER § 3-8A-18 OF THIS SUBTITLE, AND THE CHILD
HAS NOT PREVIOUSLY WAIVED THE RIGHT TO THE ASSISTANCE OF COUNSEL IN
ACCORDANCE WITH SUBSECTION (B) OF THIS SECTION, THE COURT SHALL
CONTINUE AND THE CLERK SHALL RESCHEDULE THE WAIVER OR ADJUDICATORY
HEARING.

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