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

GeorgiaScore: 68Grade: D1. Does state law mandate thatattorneys be appointed forchildren in dependencyproceedings?Points: 20 out of 40―Except as otherwise provided..., a party is entitled to representation by legal counselat all stages of any proceedings alleging...deprivation and if, as an indigent person, aparty is unable to employ counsel, he or she is entitled to have the court providecounsel for him or her....Counsel must be provided for a child not represented by thechild‘s parent, guardian, or custodian. If the interests of two or more parties conflict,separate counsel shall be provided for each of them‖ (O.C.G.A. § 15-11-6(b)). ―[T]hecourt shall appoint an attorney to represent the child as the child‘s counsel and mayappoint a separate guardian ad litem or a guardian ad litem who may be the sameperson as the child‘s counsel‖ (O.C.G.A. § 15-11-98(a)).Basis for deduction: Although Georgia‘s statutes entitle a child to legal representationat all stages of the proceedings, separate counsel is only specifically required forproceedings terminating parental rights. Georgia caselaw has established that in allother proceedings, when children are placed in the custody of the Department ofHuman Resources and the Department is represented by counsel, ―this alsoconstitute[s] representation by counsel on behalf of the children‖. (Williams v.Department of Human Resources, (1979) 150 Ga. App. 610, 611.) Thus, independentcounsel is required for children with major restrictions.2. When an attorney isappointed for a child independency proceedings, doesstate law define the duration ofthe appointment?Points: 10 out of 10―Except as otherwise provided..., a party is entitled to representation by legal counselat all stages of any proceedings‖ (O.C.G.A. § 15-11-6(b)).―In any proceeding for terminating parental rights or any rehearing or appeal thereon,the court shall appoint an attorney to represent the child as the child‘s counsel‖(O.C.G.A. § 15-11-98(a)).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: 12 out of 20―In any proceeding for terminating parental rights or any rehearing or appeal thereon,the court shall appoint an attorney to represent the child as the child‘s counsel‖(O.C.G.A. § 15-11-98(a)).Basis for deduction: Client-directed counsel is required with major exceptionsbecause client-directed counsel is only required at termination of parental rightsproceedings.48 Second Edition: A CHILD‘S RIGHT TO COUNSEL