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

DelawareScore: 51Grade: F1. Does state law mandate thatattorneys be appointed forchildren in dependencyproceedings?Points: 15 out of 40―In the event that the Family Court Judge determines…that an attorney guardian adlitem should be appointed, the Family Court Judge shall sign an order appointing anattorney guardian ad litem‖ (29 Del. C. § 9007A(b)(1)). When a petition is filed toplace a child in State custody, ―the Court shall appoint an attorney authorized topractice law in this State or a Court-Appointed Special Advocate to represent the bestinterests of the child.‖ (13 Del. C. § 2504(f).)Basis for deduction: Under Delaware law, the appointment of an attorney guardian adlitem for a child in a dependency proceeding is discretionary.2. When an attorney isappointed for a child independency proceedings, doesstate law define the duration ofthe appointment?Points: 10 out of 10―[T]he attorney guardian ad litem shall...[p]articipate in all depositions, negotiations,discovery, pretrial conferences, hearings and appeals‖ (29 Del. C. § 9007A(c)(6)).―The appointment shall last until the attorney guardian ad litem is released fromresponsibility by order of the Court, or until the attorney guardian ad litem‘scommitment to the Court ends‖ (29 Del. C. § 9007A(b)(2)).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 20Basis for deduction: Although attorney GALs are required to ―ascertain the wishes ofthe child and make the child‘s wishes known to the Court‖ (29 Del. C. §9007A(c)(14)), ―the scope of the representation of the child is the child‘s bestinterests‖ (29 Del. C. § 9007A(c)). Thus, attorney GALs are required to articulate, butnot advocate for, a 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: 9 out of 10―[T]he attorney guardian ad litem shall...[b]e trained by the Office of the ChildAdvocate or a course approved by the Office prior to representing any child beforethe Court. The attorney guardian ad litem shall be required to participate in ongoingtraining regarding child welfare‖ (29 Del. C. § 9007A(c)(2)).Basis for deduction: Although multidisciplinary elements are impliedly required as partof the specialized education and/or training, they are not expressly required.5. Does state law expressly givethe child the legal status of aparty with all rights appurtenantPoints: 5 out of 10―The attorney guardian ad litem shall be a party to any child welfare proceeding in42 Second Edition: A CHILD‘S RIGHT TO COUNSEL