(1) A juvenile shall
be advised of his or her rights when appearing before the court.
(2) A juvenile and his or her parent, guardian, or custodian
shall be advised by the court or its representative that the
juvenile has a right to be represented by counsel at all critical
stages of the proceedings. Unless waived, counsel shall be
provided to a juvenile who is financially unable to obtain
counsel without causing substantial hardship to himself or
herself or the juvenile's family, in any proceeding where the
juvenile may be subject to transfer for criminal prosecution, or
in any proceeding where the juvenile may be in danger of
confinement. The ability to pay part of the cost of counsel does
not preclude assignment. In no case may a juvenile be deprived
of counsel because of a parent, guardian, or custodian refusing
to pay therefor. The juvenile shall be fully advised of his or
her right to an attorney and of the relevant services an attorney
can provide.
(3) The right to counsel includes the right to the
appointment of experts necessary, and the experts shall be
required pursuant to the procedures and requirements established
by the supreme court.
(4) Upon application of a party, the clerk of the court
shall issue, and the court on its own motion may issue, subpoenas
requiring attendance and testimony of witnesses and production of
records, documents, or other tangible objects at any hearing, or
such subpoenas may be issued by an attorney of record.
(5) All proceedings shall be transcribed verbatim by means
which will provide an accurate record.
(6) The general public and press shall be permitted to
attend any hearing unless the court, for good cause, orders a
particular hearing to be closed. The presumption shall be that
all such hearings will be open.
(7) In all adjudicatory proceedings before the court, all
parties shall have the right to adequate notice, discovery as
provided in criminal cases, opportunity to be heard,
confrontation of witnesses except in such cases as this chapter
expressly permits the use of hearsay testimony, findings based
solely upon the evidence adduced at the hearing, and an unbiased
fact finder.
(8) A juvenile shall be accorded the same privilege against
self-incrimination as an adult. An extrajudicial statement which
would be constitutionally inadmissible in a criminal proceeding
may not be received in evidence at an adjudicatory hearing over
objection. Evidence illegally seized or obtained may not be
received in evidence over objection at an adjudicatory hearing to
prove the allegations against the juvenile if the evidence would
be inadmissible in an adult criminal proceeding. An
extrajudicial admission or confession made by the juvenile out of
court is insufficient to support a finding that the juvenile
committed the acts alleged in the information unless evidence of
a corpus delicti is first independently established in the same
manner as required in an adult criminal proceeding.
(9) Waiver of any right which a juvenile has under this
chapter must be an express waiver intelligently made by the
juvenile after the juvenile has been fully informed of the right
being waived.
(10) Whenever this chapter refers to waiver or objection by
a juvenile, the word juvenile shall be construed to refer to a
juvenile who is at least twelve years of age. If a juvenile is
under twelve years of age, the juvenile's parent, guardian, or
custodian shall give any waiver or offer any objection
contemplated by this chapter.
[1981 c 299 § 11; 1979 c 155 § 66; 1977 ex.s. c 291 § 68.]
NOTES:
Effective date -- Severability -- 1979 c 155: See notes following RCW 13.04.011.
Effective dates -- Severability -- 1977 ex.s. c 291: See notes following RCW 13.04.005.