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Rule 26. Rights of minors in delinquency proceedings.

(a) A minor who is the subject of adelinquency petition filed pursuant to Section 78A-6-103 shall be advised ofthe following rights:

(a)(1) to appear inperson and to defend in person or by counsel;

(a)(2) to receive acopy of the petition which contains the allegations against the minor;

(a)(3) to testifyin the minor's own behalf;

(a)(4) to beconfronted by the witnesses against the minor;

(a)(5) to havecompulsory process to ensure the attendance of witnesses in the minor's behalf;

(a)(6) to berepresented by counsel at all stages of the proceedings and if indigent, tohave appointed counsel;

(a)(7) to remainsilent and to be advised that anything the minor says can and will be usedagainst the minor in any court proceedings; and

(a)(8) to appealany adjudication against the minor in the manner provided by law.

(b) If the minor or the minor's parent,guardian or custodian is found to be indigent and request counsel, the courtshall appoint counsel at public expense in the manner provided by law. Wherenecessary to protect the interest of the minor, the court may appoint counselwithout the request of the minor or parent, guardian or custodian.

(c) If the parent, guardian or custodian ofa minor is found not to be indigent, but does not or will not retain counselfor the minor and the minor has no means to retain counsel, the court mayappoint counsel at public expense. However, the court may order, after givingthe parent, guardian or custodian reasonable opportunity to be heard, that theparent, guardian or custodian reimburse the county for the cost of appointedcounsel, in whole or in part, depending on ability to pay.

(d) Parties other than the minor have theright to be represented by counsel retained by them and to participate asprovided in these rules.

(e) A minor 14 years of age and older ispresumed capable of intelligently comprehending and waiving the minor's rightto counsel as above and may do so where the court finds such waiver to beknowing and voluntary, whether the minor's parent, guardian or custodian ispresent. A child under 14 years of age may not waive such rights outside of thepresence of the child?s parent, guardian or custodian.