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

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 capacity to make adequately considered decisions in connection with arepresentation is diminished, whether because of minority, mental impairment, or someother reason, the lawyer shall, as far as reasonably possible, maintain a normal clientlawyerrelationship with the client‖ (MN R. of Prof. Conduct 1.14).Extra Credit: Does state lawaddress caseload standards forchildren’s counsel independency proceedings?Points: 0 extra credit pointsMinnesota law does not address caseload standards for attorneys representing childrenin dependency proceedings.SIDEBAR NOTES: State officials who objected to the nature of this report opined that scarceresources should be spent on seeking federal legislation and funding for allchildren. These officials believe that federal and Minnesota child protectionlaws properly require the appointment of a Guardian ad Litem to advocate foreach child‘s best interests, not the child‘s expressed preference. These officialssuggested that funding for legal representation for parents is a more pressingmatter. The Children‘s Justice Initiative annually provides training to all childprotection system stakeholders, specifically attorneys.A NATIONAL REPORT CARD ON LEGAL REPRESENTATION FOR ABUSED & NEGLECTED CHILDREN 77