Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 2 - STANDARDS, CERTIFICATION AND TRAINING › Section 2-3 - General responsibilities of attorney guardian ad litem

Current through July 13, 2024
(a) Notwithstanding any additional conditions
				imposed by order of the court, an attorney guardian
ad litem
in
				a juvenile court case shall possess the knowledge and training necessary to
				perform the court appointment; and shall be subject to all of the rules and
				standards of the legal profession.
(b) An attorney guardian
ad
				litem
appointed pursuant to this rule shall specifically:
(i) Establish and maintain competence of the
				applicable legal and ethical standards, including relevant court rules, federal
				and state law, case law, agency rules and regulations and local
				practice;
(ii) Be familiar with
				recognized standards and best practice procedures in child welfare, protection
				and juvenile matters;
(iii) Due to
				the high co-occurrence of child abuse/neglect and domestic violence, be familiar
				with the dynamics of domestic violence, the rate of co-occurrence between child
				abuse and domestic violence, the barriers to leaving a violent relationship and
				how domestic violence may affect children and their parents or caregivers, and
				how to determine if domestic violence exists in a particular case; and how to
				competently account for it in case planning;
(iv) Conduct a full and independent case
				investigation in a timely manner, which shall include, at a minimum:
(A) Obtaining information about the child and
				the circumstances that led to the filing of the petition, which shall include
				obtaining copies of all pleadings and relevant notices;
(B) Meet with and observe the child's
				interaction with the caregivers, which includes meeting with and observing the
				child at home or in placement, even if a Court Appointed Special Advocate
				(hereinafter "CASA") or other child or family advocate is, or has been, involved
				in the case; and
(C) Personally meet
				with or observe the child in a timely manner, even if a CASA or other child or
				family advocate is, or has been, involved in the case, dependent on the child's
				age and capabilities.
(D) Failure of
				the GAL to fulfill the requirements of (A), (B) and (C), above, may result in
				non-payment of the entire bill for the case, and may result in immediate
				termination of the contract or employment. (B) and (C) do not apply to any GAL
				Permanency Attorneys with the Program, as it may not always be in the child's
				best interests to meet with another attorney. Although, the Permanency Attorney
				can meet with the client if necessary in the TPR or appellate
				proceeding.
(v) Insofar as
				is practical, counsel the child concerning the subject matter of the litigation,
				the attorney's role, the child's rights, the possible outcomes of each
				proceeding, and the consequences of the child's participation or lack of
				participation;
(vi) If placement is
				necessary, prior to making a recommendation for out-of- home placement at a
				hearing, MDT or in the GAL Report, a GAL shall research and consider alternative
				community programs, treatments and family preservation services available to the
				family, only to the extent reasonably possible;
(vii) Independently identify and advocate for
				appropriate family and professional resources for the child and be familiar with
				the knowledge of experts and their possible input and role in the
				cases;
(viii) Participate in
				depositions, negotiations, discovery, pretrial conferences, multi-disciplinary
				team meetings and hearings, including review hearings;
(ix) Independently verify and advocate for
				timely resolution and permanent resolution (absent compelling reasons to the
				contrary) of the case;
(x) Make
				independent recommendations, with an emphasis on community services most likely
				to preserve families, continued appropriate familial relationships and avoidance
				of out-of-home placement, when appropriate;
(xi) In recognition of federal law encouraging
				the presence of children at hearings in which they are the subject and in
				recognizing the best interests of the child, children should attend all
				significant court hearings, unless, for their best interests, they should be
				excluded. A decision to exclude the child from the hearing should be made based
				on a particularized determination that the child does not want to attend, is too
				young to sit through the hearing, would be severely traumatized by such
				attendance, or for other good reason would be better served by nonattendance. The
				lawyer should consult the child, therapist, caretaker or any other knowledgeable
				person in determining the effect on the child of being present at the hearing.
				The lawyer should also ensure that the state/custodian meets its obligation to
				transport the child to and from the hearing and ensure the presence of someone to
				accompany the child any time the child is temporarily absent from the
				hearing;
(xii) After the hearings,
				review the court's orders to ensure the written orders conform to the court's
				oral orders, as well as comply with statutorily required findings and
				notices;
(xiii) Monitor and advocate
				for timely implementation of the case and/or permanency plan, the court's orders
				and communicate with the responsible agencies;
(xiv) Recognize that the obligation of the
				attorney guardian
ad litem
to the child is a continuing one and
				does not cease until the attorney guardian
ad litem
is formally
				relieved by court order or the court terminates its jurisdiction over the child.
				This continuing obligation includes any appeals or TPR proceedings that may
				result from the case in which the GAL has been appointed, although a separately
				trained appellate or TPR attorney may be assigned to represent the child on the
				TPR case or appeal. In the event of an appeal or TPR proceeding, a GAL shall
				immediately notify the Deputy Director so she may assign the case;
(xv) Establish a trusting, professional
				relationship and maintain an attorney-client relationship with the client that
				will enable the GAL to understand the child's interests and needs, as well as the
				child's position on issues or questions in the case. Communication should include
				the following elements and also comply with Program policy:
(A) Provide the child and the child's caretaker
				with contact information in writing and establish a message system that allows
				regular attorney-client communication;
(B) Speak respectfully regarding the child's
				parents, family and cultural background; and
(C) Advise the child about all legal matters
				related to the case in a developmentally appropriate manner;
(xvi) The GAL should timely file pleadings when
				necessary, such as: petitions, reports, motions, responses or objections to
				advocate for the child's preferences and the child's best interests. Relief
				requested may include, but is not limited to:
(A) A mental or physical examination of a party
				or the child;
(B) An increase,
				decrease, or termination of contact or visitation;
(C) Moving for or preventing a change of
				placement;
(D) Contempt for
				non-compliance with a court order, in accordance with the Juvenile
				statutes;
(E) Change of the
				permanency plan;
(F) Request services
				for child or family;
(G) Dismissal of
				petitions or motions; and
(H) Appeals
				on behalf of the child to the Wyoming Supreme Court; and
(xvii) The GAL should participate in settlement
				negotiations to seek expeditious resolution of the case, keeping in mind the
				effect of continuances and delays on the child and in a manner consistent with
				the child's preferences and best interests.