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

other common issues including affects of child abuse and neglect.‖ (ArizonaStatewide Standards and Training Guidelines for Attorneys in Dependency Cases,adopted December, 2000.)Basis for deduction: ―The presiding juvenile court judge in each county may modify[the above] standards for good cause‖ (Arizona Statewide Standards and TrainingGuidelines for Attorneys in Dependency Cases, adopted December, 2000). Thus,specialized education and/or training is encouraged, but not required, for the child‘scounsel as the standards are not mandatory unless incorporated into county contractsor required by specific court.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 10―Reference to a party to the action means a child...‖ (Ariz. R. Juv. P. Rule 37(A)). ―Anyaggrieved party in any juvenile court proceeding under this title may appeal from a finalorder of the juvenile court to the court of appeals...‖ (A.R.S. § 8-235(A)).Basis for deduction: Although it recognizes a child to be a party, Arizona law does notguarantee children the right to be present at or participate in dependency hearings (―[a]child, through the child‘s guardian ad litem or attorney, has the right to be informed of,to be present at and to be heard in any proceeding involving dependency ortermination of parental rights‖ (A.R.S. § 8-522(A), emphasis added).6. Do the Rules of ProfessionalConduct (or the state’sequivalent thereto) pertaining toliability or and confidentialityapply to attorneys representingchildren in dependencyproceedings?Points: 10 out of 10―When a client[‘]s capacity to make adequately considered decisions in connection withthe representation is diminished, whether because of minority, mental impairment orfor some other reason, the lawyer shall, as far as reasonably possible, maintain a normalclient-lawyer relationship with the client‖ (Ariz. Rules of Prof‘l Conduct 1.14(a)).Extra Credit: Does state lawaddress caseload standards forchildren’s counsel independency proceedings?Points: 0 extra credit pointsArizona law does not address caseload standards for attorneys representing children independency proceedings.A NATIONAL REPORT CARD ON LEGAL REPRESENTATION FOR ABUSED & NEGLECTED CHILDREN 29