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

Basis for deduction: Although requiring attorney GALs to have the knowledge,expertise, and training necessary to perform the court appointment, Colorado law doesnot expressly require that this training be multidisciplinary in scope.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 10Colorado law provides children with some rights, such as the right to have theircaretakers ―provide prior notice to the child of all hearings and reviews held regardingthe child‖ (C.R.S. § 19-3-502(7)).Basis for deduction: Colorado law provides party status to the child‘s GAL, but notexpressly to the child (―[t]he guardian ad litem for the child shall have the right toparticipate in all proceedings as a party‖ (C.R.S. § 19-1-111(3)).6. Do the Rules of ProfessionalConduct (or the state’sequivalent thereto) pertaining toliability and confidentialityapply to attorneys representingchildren in dependencyproceedings?Points: 10 out of 10―When a client‘s capacity to make adequately considered decisions in connection withrepresentation is diminished, whether because of minority, mental impairment or forsome other reason, the lawyer shall, as far as reasonably possible, maintain a normalclient-lawyer relationship with the client‖ (Colo. RPC 1.14(a)). ―All attorneysappointed as a GAL...shall be subject to all of the rules and standards of the legalprofession, including the additional responsibilities set forth by Colorado Rule ofProfessional Conduct 1.14‖ (Colorado Chief Justice Directive 04-06).Extra Credit: Does state lawaddress caseload standards forchildren’s counsel independency proceedings?Points: 0 extra credit pointsNo Colorado law regarding caseload standards for attorneys representing children independency proceedings was identified.SIDEBAR NOTES: Colorado‘s Office of the Child‘s Representative, the state agency charged with improving the representation forColorado‘s children, requires all of its contracted attorneys to attend 10 hours of specified training each year. Thistraining is typically multidisciplinary in nature. We commend Colorado for these efforts and urge Colorado toadopt these standards into law. The Colorado Supreme Court is currently considering the case of People v. Gabriesheski (2008) 205 P.3d 441 whichholds that a guardian ad litem for a child in all dependency and neglect cases should maintain a normal client-lawyerrelationship as far as reasonably possible and, thus, the guardian ad litem is precluded from divulging the child‘scommunications in the absence of a waiver. The Supreme Court‘s decision in this matter could affect Colorado‘sgrade for Criteria #6 and is being closely watched by Colorado advocates.A NATIONAL REPORT CARD ON LEGAL REPRESENTATION FOR ABUSED & NEGLECTED CHILDREN 39