Najam, J.
Statement of the Case
J.G. appeals from the juvenile court’s order modifying a dispositional decree following his adjudication as a delinquent child for intimidation, as a Level 5 felony when committed by an adult; criminal mischief, as a Class A misdemeanor when committed by an adult; battery, as a Class B misdemeanor when committed by an adult; criminal mischief, as a Class B misdemeanor when committed by an adult; and a compulsory school attendance violation. J.G. presents a single dispositive issue for our review, namely, whether the juvenile court erred when it conducted a modification hearing when J.G. was not represented by counsel and had not waived his right to counsel. We reverse and remand for a new modification hearing.
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J.G. contends, and the State agrees, that he was entitled to counsel at the dispositional modification hearing. Both J.G. and the State ask that we remand this case to the juvenile court for a new hearing. Indeed, Criminal Rule 25(B)(3)(a) expressly states that “counsel for the child must be appointed . . . before convening any hearing in which the court may find facts (or the child may admit to facts) on the basis of which the court may impose . . . wardship of the child to the Department of Correction[.]” (Emphases added). And Criminal Rule 25(C) provides that, following the appointment of counsel under subsection (B), any waiver of the right to counsel shall be made in open court, on the record and confirmed in writing, and in the presence of the child’s attorney. Here, it is undisputed both that J.G. was not represented by counsel at the modification hearing and that he did not waive his right to counsel. Accordingly, we reverse the modification order and remand for a new hearing.
Reversed and remanded for further proceedings.
Kirsch, J., and Brown, J., concur.