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

MassachusettsScore: 104 Grade: A+1. Does state law mandate thatattorneys be appointed forchildren in dependencyproceedings?Points: 40 out of 40The ―child shall have and be informed of the right to counsel at all hearings and ... thecourt shall appoint counsel for that ... child if the ... child is not able to retain counsel‖(ALM GL ch. 119, § 29).2. When an attorney isappointed for a child independency proceedings, doesstate law define the duration ofthe appointment?Points: 10 out of 10Massachusetts law provides attorneys for children on appeal. ―If a final judgment isadverse to the client, counsel shall explain the client s right to appeal the decision, theappellate process, including the time limits in which a notice of appeal must be filed,and any alternative post-judgment strategy that may be appropriate. Counsel shall alsoexplain the process and availability of post-trial reviews, if applicable. If a finaljudgment is not adverse to the client, counsel shall ensure that opponents adhere totime limits and discharge other appellate responsibilities until appellate counsel files anappearance‖ (MA CFLP, Stds. Gov. Rep. of Children 1.3).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: 20 out of 20―If counsel reasonably determines that the child is able to make an adequatelyconsidered decision with respect to a matter in connection with the representation,counsel must represent the child‘s expressed preferences regarding that matter, even ifthe attorney believes the child‘s position to be unwise or not in the child‘s bestinterest‖ (MA CFLP, Stds. Gov. Rep. of Children 1.3).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―Accepted trial panel applicants must complete a five-day trial panel certificationtrainingcourse. Thereafter, attorneys must work with a mentor assigned by the CAFLprogram. Once certified for the trial panel, attorneys must maintain certificationthrough the annual completion of 8 hours approved continuing legal education on afiscal year basis‖ (Committee for Public Counsel Services (CPCS) TrainingRequirements).Basis for deduction: Although multidisciplinary elements are impliedly required as partof the specialized education and/or training, they are not expressly required.72 Second Edition: A CHILD‘S RIGHT TO COUNSEL