Waiver of counsel, 2014
A waiver of the right to counsel by a juvenile must be made in writing unless made in the court on record or made in the presence of the juvenile's parent(s).
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Delaware, an attorney for a juvenile can be appointed at the following points in the process: Detention Hearing / First Court Appearance / Arraignment; All Stages of Proceedings / All Critical States of Proceedings.
Indigency requirements, 2013
Organized at the state level
Organizer: Delaware Public Defender Office
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
Indigency is judicially determined. Court can / must appoint attorney for juvenile if non-indigent parent refuses to pay for juvenile's attorney.
Courtroom shackling, 2015
No statewide restriction
In Delaware, a law passed in July, 2016, [10 Del.C. § 1007b (per HB 211)] which limits the use of shackles and other restraints on children during juvenile delinquency proceedings except when the court finds that: (1) the use of restraints is necessary and (2) there are no less restrictive alternatives that will prevent flight or physical harm to the child or others in the courtroom. Any use of restraints must allow the child ‘limited movement of the hands to read and handle documents and writings necessary to the hearing.’
Sex offender registration, 2015
Delaware has a statutory section related to juvenile competency, which aligns with the Dusky standard. Procedures include requirements for 6 month reviews and timeframes for dismissing certain allegations. The individualized bases for a finding that a child is not competent may include: “significant mental disorder or incapacity, significant developmental delay, significant cognitive impairment, and/or chronological immaturity.” A determination of competency is required to proceed with delinquency allegations regarding a child under age 10.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity