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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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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 forsome other reason, the lawyer shall, as far as reasonably possible, maintain a normalclient-lawyer relationship with the client‖ (NV R. of Prof. Conduct 1.14).Extra Credit: Does state lawaddress caseload standards forchildren’s counsel independency proceedings?Points: 0 extra credit pointsNevada law does not address caseload standards for attorneys representing children independency proceedings.SIDEBAR NOTES:In Nevada‘s largest county, Clark County, the Children‘sAttorneys Project, founded in 1999, represents aboutone-half of all children in the child welfare system; thatnumber continues to grow each year. Advocates notethat there is a commitment among key stakeholders tosecure the funding to ensure representation of everychild.Education and training are priorities for children‘sattorneys in Nevada. At the Children‘s AttorneysProject, all of the attorneys participate in training offeredby the National Association of Counsel for Children.Before any pro bono attorney may accept a children‘scase for representation, he/she is required to attend atraining offered by the Project which includes a childwelfare judge or hearing master and attorneys. Beforepro bono attorneys accept their first cases, they arerequired to meet with an experienced children‘s attorneyto review first steps. Every other month, the Projectoffers a ―drop in‖ session and free lunch for anyattorney with a children‘s case who wishes to talk abouttheir case. Training is often tailored to special issues (i.e.,representing young children, representing children withmental health issues, etc.), and some trainings includeexperienced child psychologists.A NATIONAL REPORT CARD ON LEGAL REPRESENTATION FOR ABUSED & NEGLECTED CHILDREN 87

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