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

AlaskaScore: 71 Grade: C1. Does state law mandate thatattorneys be appointed forchildren in dependencyproceedings?Points: 15 out of 40―Whenever in the course of proceedings instituted under this chapter it appears to thecourt that the welfare of a child will be promoted by the appointment of an attorneyto represent the child, the court may make the appointment‖ (AS §47.10.050(a)). Thecourt shall appoint counsel ―for a child when the court determines that the interestsof justice require the appointment of an attorney to represent the child‘s expressedinterests‖ (AK CINA Rule 12(b)(3)).Basis for deduction: Alaska law provides that appointment of an attorney for a childin dependency proceedings is discretionary, not mandatory.2. When an attorney isappointed for a child independency proceedings, doesstate law define the duration ofthe appointment?Points: 10 out of 10―A child or the child‘s...attorney, acting on the child‘s behalf,...may appeal a judgmentor order, or the stay, modification, setting aside, revocation, or enlargement of ajudgment or order issued by the court under this chapter‖ (AS § 47.10.080(I)).―The court shall inform the parties at the first hearing at which they are present oftheir respective rights to be represented by counsel at all stages of the proceedings‖(AK CINA Rule 12(a)).3. When an attorney isappointed for a child independency proceedings, doesstate law require the attorney toadvocate for the expressedwishes of the child in a clientdirectedmanner?Points: 20 out of 20Alaska law differentiates between the appointment of an attorney to represent thepreferences and expressed interests of the child and the appointment of a GAL torepresent the child‘s best interests. The court shall appoint counsel pursuant toAdministrative Rule 12 ―for a child when the court determines that the interests ofjustice require the appointment of an attorney to represent the child‘s expressedinterests‖ (AK CINA Rule 12(b)(3)).4. To what extent arespecialized education and/ortraining requirements for thechild’s counsel required by statelaw? Is such education and/ortraining required to includemultidisciplinary elements?Points: 6 out of 10―A GAL should possess knowledge, skill, experience, training, or education that allowsthe GAL to conduct an independent, thorough, and impartial investigation, and toadvocate effectively for the best interests of the child‖ (AK CINA Rule 11(c)(1)).―Within seven days of the court's appointment, the designated GAL must file an entryof appearance indicating whether or not the GAL is an attorney and certifying that theGAL has completed guardian ad litem training through OPA [the Office of Public26 Second Edition: A CHILD‘S RIGHT TO COUNSEL