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

office to develop a guardian ad litem training program, and to establish amultidisciplinary curriculum committee to develop the training program (Fla. Stat. §39.8296 Rule (b)(4)), it does not require attorneys ad litem to undergo the trainingprior to appointment. Only attorneys ad litem appointed to cases involving allegedsexual abuse are expressly required to have specific training (see above).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: 10 out of 10―[T]he terms ―party‖ and ―parties‖ shall include...the child...‖ (Fla. R. Juv. P. 8.210(a)).Although Florida law authorizes the court to exclude a child from a hearing, it is onlyupon finding ―that the child‘s mental or physical condition or age is such that a courtappearance is not in the best interest of the child‖ (Fla. R. Juv. P., Rule 8.255(b)).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 ability to make adequately considered decisions in connection with therepresentation is impaired, whether because of minority, mental disability, or for someother reason, the lawyer shall, as far as reasonably possible, maintain a normal clientlawyerrelationship with the client‖ (Fla. Bar Reg. R. 4-1.14).Extra Credit: Does state lawaddress caseload standards forchildren’s counsel independency proceedings?Points: 0 extra credit pointsFlorida law does not address caseload standards for attorneys representing children independency proceedings.SIDEBAR NOTES: The Florida Bar Foundation provides funding for many legal service providers to represent children. This is partially fundedthrough a license plate issued by the state of Florida. This funding has now expanded to 20 programs representing childrenas part of the Children‘s Legal Services program. First Star and CAI are concerned that, although Florida law requires that a child have a guardian ad litem in every case, themost recent annual report of the Statewide Office of the GAL indicates that 5,100 children did not receive a GAL in 2008.Particularly troubling is the fact that those who did receive a GAL did not necessarily have one from initial detention topermanency. This report only studied whether there was a GAL assigned at some time during the case. This report is generous with Florida‘s grade for Criteria #3. The quoted statutory language speaks to Florida‘s ―goals‖ andwe urge Florida advocates to urge adoption of amendments which make Florida Statute § 39.4085‘s goals mandatory. There is some interesting advocacy currently taking place in Florida. The Florida Bar Association Standing Committee on theLegal needs of Children has developed a draft bill that would amend existing state statute and address legal representation ofchildren involved in dependency proceedings. While First Star and CAI are pleased that this draft bill will ensure that thosechildren who are represented receive quality and zealous advocacy by requiring qualification standards, providing for multidisciplinarytraining, ensuring the child has the same advocate throughout the proceedings, and requiring attorneys tomaintain a normal client-lawyer relationship in which they abide by a client‘s informed decisions, we encourage amendmentsto this draft bill which more clearly demonstrate a child‘s need for the right to counsel and which guarantee the right tocounsel for every child in dependency proceedings.A NATIONAL REPORT CARD ON LEGAL REPRESENTATION FOR ABUSED & NEGLECTED CHILDREN 47