Laws of New York (Last Updated: November 21, 2014) |
FCT Family Court |
Article 2. ADMINISTRATION, MEDICAL EXAMINATIONS, LAW GUARDIANS, AUXILIARY SERVICES |
Part 4. LAW GUARDIANS |
Section 249-A. Waiver of counsel
Latest version.
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A minor who is a subject of a juvenile delinquency or person in need of supervision proceeding shall be presumed to lack the requisite knowledge and maturity to waive the appointment of a law guardian. This presumption may be rebutted only after a law guardian has been appointed and the court determines after a hearing at which the law guardian appears and participates and upon clear and convincing evidence that (a) the minor understands the nature of the charges, the possible dispositional alternatives and the possible defenses to the charges, (b) the minor possesses the maturity, knowledge and intelligence necessary to conduct his own defense, and (c) waiver is in the best interest of the minor.