Art. 740. Advice of rights

            A. At the continued custody hearing or at the first hearing at which the child appears, whichever occurs first, the judge shall advise the parents and the child, in a developmentally appropriate manner and in terms understandable to the child and the parents, of all of the following:

            (1) The child, parents, and any other persons subject to the jurisdiction of the court in accordance with Article 729 are parties to the proceeding.

            (2) The nature of the proceedings as provided in Article 792.

            (3) The consequences of formal proceedings including all of the following:

            (a) The possibility of juvenile detention if the child is held in contempt in accordance with Article 791.

            (b) The possibility of a fine or imprisonment if an adult is held in contempt in accordance with Article 1509.

            (c) The possibility of removal of the child from his home in accordance with Article 779.

            (4) The nature of the allegations.

            (5) The informal family services plan procedure.

            (6) The confidentiality of Families in Need of Services records as provided in Article 793.

            (7) The right to have notice of and attend all hearings.

            (8) The right to be free from discrimination based on race, religion, disability, national origin, and sex.

            (9) The right to be provided qualified interpretation, translation, and language assistance services.

            (10) The right to be provided reasonable accommodations for any disability.

            (11) The right of the child to an adjudication hearing.

            (12) The right of the child to have regular and meaningful communication with the child's attorney in a way that is understandable to the child.

            (13) The right of the child to have the child's attorney present the child's case, including presenting the child's wishes.

            (14) The right of the child to testify as to the child's wishes.

            (15) The right of the parent to retain and be represented by an independent and qualified attorney who shall have duties of loyalty, confidentiality, advocacy, and competent representation.

            B. If a petition seeking a formal adjudication is filed, the court shall appoint independent legal counsel for the child or refer the child for representation by the district public defender. Neither the child nor anyone purporting to act on behalf of the child may be permitted to waive this right. If the court finds that the parents of the child are financially able, it may order the parents to pay some or all of the costs of the child's representation.

            C. If a petition seeking a formal adjudication is filed, the court shall also advise the child and parent of the privilege against self-incrimination.

            D. Written notice of the rights provided in Paragraph A of this Article shall be given to the child and the parents and, if present at the hearing, foster caregivers, pre-adoptive parents, and any relatives providing care to the child.

            Acts 1991, No. 235, §7; Acts 1999, No. 1313, §1; Acts 1999, No. 1317, §3; Acts 2007, No. 307, §9; Acts 2017, No. 362, §1; Acts 2026, No. 139, §1.