A CHILD'S RIGHT TO COUNSEL - Children's Advocacy Institute

5. Does state law expressly givethe child the legal status of aparty with all rights appurtenantthereto? If not, does state lawexpressly give the child some ofthe rights of a party?Points: 5 out of 10Although Texas law expressly gives children certain rights in dependency proceedings ,such as the right to ―attend each permanency hearing unless the court specificallyexcuses the child‘s attendance‖ (Tex. Fam. Code § 263.302),Basis for deduction: Texas law does not expressly give party status to children in theseproceedings.6. Do the Rules of ProfessionalConduct (or the state’sequivalent thereto) pertaining toliability and confidentialityapply to attorneys representingchildren in dependencyproceedings?Points: 6 out of 10An attorney ad litem shall comply with the Texas Disciplinary Rules of ProfessionalConduct (Tex. Fam. Code § 107.003). An attorney ad litem owes to his/her client ―theduties of undivided loyalty, confidentiality, and competent representation‖ (Tex. Fam.Code § 107.001(2)).Basis for deduction: Texas law provides limited immunity for some actions taken byattorneys ad litem (an attorney ad litem ―is not liable for civil damages arising from anaction taken, a recommendation made, or an opinion given in the capacity of guardianad litem, attorney ad litem, or amicus attorney‖ unless the action was taken, therecommendation was made, or the opinion was given ―with conscious indifference orreckless disregard to the safety of another...in bad faith or with malice...or...is grosslynegligent or wilfully wrongful‖) (Tex. Fam. Code § 107.009).Extra Credit: Does state lawaddress caseload standards forchildren’s counsel independency proceedings?Points: 0 extra credit pointsTexas law does not address caseload standards for attorneys representing children independency proceedings.A NATIONAL REPORT CARD ON LEGAL REPRESENTATION FOR ABUSED & NEGLECTED CHILDREN 117