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

ArkansasScore: 77Grade: C1. Does state law mandate thatattorneys be appointed forchildren in dependencyproceedings?Points: 40 out of 40―The court shall appoint an attorney ad litem...to represent the...juvenile when adependency-neglect petition is filed or when an emergency ex parte order is entered ina dependency-neglect case, whichever occurs earlier‖ (A.C.A. § 9-27-316(f)(1)).2. When an attorney isappointed for a child independency proceedings, doesstate law define the duration ofthe appointment?Points: 5 out of 10The attorney ad litem‘s participation is authorized to ―represent the juvenile at allappearances before the court‖ (A.C.A. § 9-27-316(c)).Basis for deduction: Arkansas law authorizes a child‘s attorney to participate in allappearances before the juvenile division of the circuit court, but does not expresslystate that this representation will continue on appeal.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: 6 out of 20―An attorney ad litem shall represent the best interest of the juvenile‖ (A.C.A. § 9-27-316(f)(5)(A)). If the juvenile‘s wishes differ from the attorney‘s determination of thejuvenile‘s best interest, the attorney ad litem shall communicate the juvenile‘s wishesto the court in addition to presenting his or her determination of the juvenile‘s bestinterest‖ (A.C.A. § 9-27-316(f)(5)(B)).Basis for deduction: Arkansas law requires the attorney ad litem to articulate, but notadvocate for, the child‘s expressed wishes.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: 10 out of 10―The court shall appoint an attorney ad litem who shall meet standards andqualifications established by the Supreme Court to represent the best interest of thejuvenile‖ (ARK §9-27-316(f)(1)).―An attorney ad litem shall participate in 10 hours of initial legal education prior toappointment and shall participate in 4 hours of CLE each year thereafter‖ (AR Sup.Ct. Adm. Order No. 15 § 2(l) (2008)).32 Second Edition: A CHILD‘S RIGHT TO COUNSEL