{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-2-2-301","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-2-2-301","heading":"Conduct of interrogations - Appointment of counsel -","body":"Guardians ad litem.\n\nA. No information gained by a custodial interrogation of a\n\nyouthful offender under sixteen (16) years of age or a child nor any\n\nevidence subsequently obtained as a result of such interrogation\n\nshall be admissible into evidence against the youthful offender or\n\nchild unless the custodial interrogation about any alleged offense\n\nby any law enforcement officer or investigative agency, or employee\n\nof the court, or employee of the Office of Juvenile Affairs is done\n\nin the presence of the parents, guardian, attorney, adult relative,\n\nadult caretaker, or legal custodian of the youthful offender or\n\nchild. No such custodial interrogation shall commence until the\n\nyouthful offender or child and the parents, guardian, attorney,\n\nadult relative, adult caretaker, or legal custodian of the youthful\n\noffender or child have been fully advised of the constitutional and\n\nlegal rights of the youthful offender or child, including the right\n\nto be represented by counsel at every stage of the proceedings, and\n\nthe right to have counsel appointed by the court if the parties are\n\nwithout sufficient financial means; provided, however, that no legal\n\naid or other public or charitable legal service shall make claim for\n\ncompensation as contemplated herein. It is further provided that\n\nwhere private counsel is appointed in such cases, the court shall\n\nset reasonable compensation and order the payment out of the court\n\nfund. As used in this section, \"custodial interrogation\" means\n\nquestioning of a youthful offender under sixteen (16) years of age\n\nor child while that youthful offender or child is in law enforcement\n\ncustody or while that youthful offender or child is being deprived\n\nof freedom of action in any significant way by a law enforcement\n\nofficer, employee of the court, or employee of the Office.\n\nCustodial interrogation shall conform with all requirements for\n\ninterrogation of adult criminal offenders. The term \"custodial\n\ninterrogation\" shall not be deemed to mean questioning of a youthful\n\noffender or child by a public school administrator or teacher, so\n\nlong as such questioning is not being conducted on behalf of a law\n\nenforcement officer, an employee of the court or an employee of the\n\nOffice. Any information gained from noncustodial questioning of a\n\nchild or youthful offender by a public school administrator or\n\nteacher concerning a wrongful act committed on public school\n\nproperty shall be admissible into evidence against the youthful\n\noffender or child.\n\nB. A custodial interrogation of a youthful offender over\n\nsixteen (16) years of age shall conform with all the requirements\n\nfor the interrogation of an adult.\n\nC. If the youthful offender or child is not otherwise\n\nrepresented by counsel, whenever a petition is filed pursuant to the\n\nprovisions of Section 2-2-104 or Section 2-5-201 et seq. of this\n\ntitle, the court shall appoint an attorney, who shall not be a\n\ndistrict attorney, for the youthful offender or child regardless of\n\nany attempted waiver by the parent or other legal custodian of the\n\nyouthful offender or child of the right of the youthful offender or\n\nchild to be represented by counsel. The youthful offender or child\n\nshall be represented by counsel at every hearing or review through\n\ncompletion or dismissal of the case. Counsel shall be appointed by\n\nthe court only upon determination by the court that the parent,\n\nlegal guardian or legal custodian is found to be indigent. If\n\nindigency is established, the Oklahoma Indigent Defense System shall\n\nrepresent the child in accordance with Section 1355.6 of Title 22 of\n\nthe Oklahoma Statutes or the applicable office of the county\n\nindigent defender shall represent the child in accordance with\n\nSection 138.5 of Title 19 of the Oklahoma Statutes. Provided, if\n\nthe parent or legal guardian of a child is not indigent but refuses\nindigency is established, the Oklahoma Indigent Defense System shall\n\nrepresent the child in accordance with Section 1355.6 of Title 22 of\n\nthe Oklahoma Statutes or the applicable office of the county\n\nindigent defender shall represent the child in accordance with\n\nSection 138.5 of Title 19 of the Oklahoma Statutes. Provided, if\n\nthe parent or legal guardian of a child is not indigent but refuses\n\nto employ counsel, the court shall appoint counsel to represent the\n\nchild at detention hearings until counsel is provided. Thereafter,\n\nthe court shall not appoint counsel for a child with a nonindigent\n\nparent or legal custodian and shall order the parent or legal\n\ncustodian to obtain counsel. A parent or legal custodian of an\n\nindigent child who has been ordered to obtain counsel for the child\n\nand who willfully fails to follow the court order shall be found in\n\nindirect contempt of court.\n\nD. In all cases of juvenile delinquency, adult certification,\n\nreverse certification, or youthful offender proceedings and appeals,\n\nor any other proceedings and appeals pursuant to the Oklahoma\n\nJuvenile Code, except mental health or in-need-of-supervision\n\nproceedings and appeals, and any other juvenile proceedings that are\n\ncivil in nature, and other than in counties where the office of the\n\ncounty indigent defender is appointed, the Oklahoma Indigent Defense\n\nSystem shall be appointed to represent indigent juveniles as\n\nprovided for in the Indigent Defense Act. In all other cases\n\npursuant to this title, including juvenile proceedings that are\n\ncivil in nature, juvenile mental health or in-need-of-supervision\n\nproceedings and appeals, with the exception of proceedings in\n\ncounties where the office of the county indigent defender is\n\nappointed, the court shall, if counsel is appointed and assigned,\n\nallow and direct to be paid from the local court fund a reasonable\n\nand just compensation to the attorney or attorneys for such services\n\nas they may render; provided, that any attorney appointed pursuant\n\nto this subsection shall not be paid a sum in excess of One Hundred\n\nDollars ($100.00) for services rendered in preliminary proceedings,\n\nFive Hundred Dollars ($500.00) for services rendered during trial,\n\nand One Hundred Dollars ($100.00) for services rendered at each\n\nsubsequent post-disposition hearing.\n\nE. Counsel for the child shall advise the child and advocate\n\nthe expressed wishes of the child, as much as reasonably possible,\n\nunder the same ethical obligations as if the client were an adult.\n\nUpon motion by the state, the child, the attorney for the child, or\n\na parent or legal custodian of the child, the court shall appoint a\n\nguardian ad litem.\n\nF. The guardian ad litem shall not be a district attorney, an\n\nemployee of the office of the district attorney, an employee of the\n\ncourt, an employee of a juvenile bureau, or an employee of any\n\npublic agency having duties or responsibilities towards the child.\n\nThe guardian ad litem shall be given access to the court file and\n\naccess to all records and reports relevant to the case and to any\n\nrecords and reports of examination of the child's parent or other\n\ncustodian, made pursuant to this section or Section 1-2-101 of this\n\ntitle. Provided, nothing in this subsection shall obligate counsel\n\nfor the child to breach attorney-client confidentiality with the\n\nchild.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"676f36a7dee100817ec231049612783d5748b8ef115f831b29a6ae3ccab5c51e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-2-2-108","next":"us-ok/okla.-stat.-tit.-10a-10a-2-2-401"},"notice":"GroundRules: Original legal text. Not legal advice."}