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

District ofColumbiaScore: 78Grade: C1. Does state law mandate thatattorneys be appointed forchildren in dependencyproceedings?Points: 40 out of 40―The Superior Court shall in every case involving a neglected child which results in ajudicial proceeding, including the termination of the parent and child relationship...,appoint a guardian ad litem who is an attorney to represent the child in theproceedings‖ (DC Code §16-2304(b)(5)).2. When an attorney isappointed for a child independency proceedings, doesstate law define the duration ofthe appointment?Points: 10 out of 10―Appointed counsel shall represent the person throughout the proceedings unless theappointment is terminated by order of the Court before the proceedings areconcluded. In cases in which an appeal is available as of right, appointed trial counselshall advise the person of his or her right to appeal and to counsel on appeal. Ifrequested to do so by the person, counsel shall file a timely notice of appeal and shallcontinue to represent the person until relieved by the Court of Appeals‖ (DC Fam.Ct. Admin. Order 04-05). ―Trial counsel must protect his or her client‘s interests byresponding in a thorough and timely manner to any post trial motions, notice ofappeal, and order for transcript filed by any adverse party. This obligation remains ineffect until appellate counsel has been appointed for her or her client‖ (Atty PracticeStandards § A-6, adopted by Admin. Order 03-07).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―The guardian ad litem shall in general be charged with the representation of thechild‘s best interest‖ (DC Code §16-2304(b)(5)). ―If there is a conflict between theguardian ad litem and the child regarding the child‘s best interests, and the conflictcannot be reconciled, the Court may appoint an attorney to advocate for the child‖(DC Fam. Ct. Admin. Order 04-05). ―If the guardian ad litem‘s assessment of thechild‘s best interests conflict with the views of the child, the guardian ad litem shallnotify the court and an attorney may be appointed to serve as the child‘s counsel‖(Atty Practice Standards § A-6, adopted by Admin. Order 03-07).Basis for deduction: Counsel is required to articulate, but not advocate for, the child‘swishes.44 Second Edition: A CHILD‘S RIGHT TO COUNSEL