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

NebraskaScore: 76Grade: C1. Does state law mandate thatattorneys be appointed forchildren in dependencyproceedings?Points: 40 out of 40―The court shall appoint an attorney as guardian ad litem. A guardian ad litem shallact as his or her own counsel and as counsel for the juvenile, unless there are specialreasons in a particular case why the guardian ad litem or the juvenile or both shouldhave separate counsel‖ (R.R.S. Neb. § 43-272(3)).2. When an attorney isappointed for a child independency proceedings, doesstate law define the duration ofthe appointment?Points: 10 out of 10The attorney GAL provides representation for the child ―for all proceedings‖ (R.R.S.Neb. § 43-272(1)).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: 3 out of 20Basis for deduction: Nebraska law is vague with regard to the role of counselappointed for children in dependency proceedings.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: 3 out of 10―[A]n attorney to be appointed by the courts as a guardian ad litem for a juvenile ...shall have completed six (6) hours of specialized training provided by theAdministrative Office of the Court .... Thereafter, in order to maintain eligibility to beappointed and to serve as a guardian ad litem, an attorney shall complete three (3)hours of specialized training per year‖ (Neb. Ct. R. § 4-401).Basis for deduction: Although the provision quoted above appears to require attorneysto have specialized training, Nebraska law also provides that ―if the judge determinesthat an attorney with the training required herein is unavailable within the county, heor she may appoint an attorney without such training‖ (Neb. Ct. R. § 4-401).5. Does state law expressly givethe child the legal status of aparty with all rights appurtenantthereto? If not, does state lawPoints: 10 out of 10―Parties means the juvenile‖ (R.R.S. Neb. § 43-245(12)). ―Notice of the time, date,place, and purpose of any juvenile court hearing subsequent to the initial hearing, for84 Second Edition: A CHILD‘S RIGHT TO COUNSEL