AR HB1756

Establishes that protections for juveniles under the Arkansas Juvenile Code of 1989 apply to minors charged as adults in criminal court, minors who could be charged as adults based on age and offense type, or minors in cases transferred to criminal court

Requires court acceptance of a minor's waiver of right to counsel only upon clear and convincing evidence that the minor understands full implications, freely and voluntarily wishes to waive counsel, and both the minor's counsel and parent/guardian/custodian agree to the waiver

Mandates that counsel for the minor remain as standby counsel if the minor changes their mind during any proceeding after waiving the right to counsel

Prohibits waiver acceptance in cases where a parent/guardian initiated a criminal complaint against the minor, counsel was appointed due to likelihood of institutional commitment, the minor is designated an extended juvenile jurisdiction offender, or the minor is in Department of Human Services custody with specific notification and presence requirements for dependency-neglect cases

Creates a presumption that statements made by a minor to law enforcement are involuntary and inadmissible, which can only be overcome by clear and convincing evidence, and requires written and signed waivers except those made in court