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

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

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

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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: 6 out of 10―In deprivation cases, a person appointed as a child‘s guardian ad litem must havereceived before the appointment training appropriate to the role that is administeredor approved by the Office of the Child Advocate and may be an attorney or courtappointed special advocate, or both‖ (O.C.G.A. § 15-11-9(b)).Basis for deduction: Although Georgia law requires training for attorney GALsappointed in deprivation cases, it does not expressly require training for attorneysappointed pursuant to O.C.G.A. § 15-11-98(a).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― The court ... shall appoint a guardian ad litem for a child who is a party to theproceeding‖ (O.C.G.A. § 15-11-9(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 age, mental or medical disability or forsome other reason, the lawyer shall, as far as reasonably possible, maintain a normalclient-lawyer relationship with the client‖ (Ga. R. & Regs. St. Bar Rule 1.14(a)).Extra Credit: Does state lawaddress caseload standards forchildren’s counsel independency proceedings?Points: 0 extra credit pointsGeorgia law does not address caseload standards for attorneys representing children independency proceedings.A NATIONAL REPORT CARD ON LEGAL REPRESENTATION FOR ABUSED & NEGLECTED CHILDREN 49

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