Rule 306. Duties of Child's Attorney or a Child's GAL
Arizona Revised Statutes AnnotatedRules of Procedure for the Juvenile CourtEffective: July 1, 2022
Effective: July 1, 2022
17B A.R.S. Juv.Ct.Rules of Proc., Rule 306
Formerly cited as AZ ST JUV CT Rule 40.1
Rule 306. Duties of Child's Attorney or a Child's GAL
(B) Diminished Capacity. The child's attorney must determine whether the child has the capacity to make adequately considered decisions pursuant to E.R. 1.14. In making the determination, the attorney should consult the child and may consult other individuals or entities to determine the child's ability to direct the representation. When a child has diminished capacity, the child's attorney must make a good faith effort to determine the child's needs and wishes. The attorney must, as far as reasonably possible, maintain a normal attorney-client relationship with the child.
(C) Substituted Judgment. During any period in which a normal attorney-client relationship is not reasonably possible to maintain, the child's attorney must make a substituted judgment. The attorney must advise the court of the determination of capacity that requires substituted judgment and any subsequent change in that determination. A substituted judgment includes determining what the child would decide if the child was capable of making an adequately considered decision and representing the child in accordance with that determination. The attorney should take direction from the child as the child develops the capacity to direct the attorney.
(b) Provide Information About Court Proceedings. An attorney and GAL must keep the child informed, in an age and developmentally appropriate manner, of the nature of each court proceeding, the child's right to attend hearings and speak with the judge, any benefits or consequences of the child's participation or lack of participation, the possible outcomes of each hearing, and other legal rights regarding the dependency proceeding, and must explain the outcome of each hearing to the child.
(c) Participate in the Proceeding. When appropriate, an attorney and GAL must participate in discovery, file pleadings, and subpoena witnesses. An attorney and GAL must develop a position for each hearing. The duties of an attorney and GAL include identifying appropriate family and professional resources for the child. The attorney and GAL must inquire of the child regarding potential placements and communicate this information to DCS and the court as appropriate.
(d) Meet with the Child. The attorney and GAL must meet in person with the child before the preliminary protective hearing, or if that is not possible, no later than 14 days after the preliminary protective hearing. Thereafter, the attorney and GAL must have meaningful in-person communication with the child before every substantive hearing. Substantive hearings include all preliminary protective hearings, all review hearings, permanency hearings, any hearings involving placement, visitation or services, or any hearing to adjudicate dependency, guardianship, or termination. Upon a showing of extraordinary circumstances, a judge may modify the requirements of this section for a particular substantive hearing. At each substantive hearing the attorney and the GAL must inform the court of the child's position concerning pending issues and the GAL must inform the court of what is in the child's best interests. If the child is not present, the attorney or GAL must provide an explanation for the child's absence.
(f) Confer with Others. To meet the obligation of informed representation, an attorney and GAL must maintain appropriate contact and communications with caregivers, child safety investigators and workers, service providers, childcare providers, CASAs, relatives, and any other significant persons in the child's life.
(i) Possess General Knowledge. An attorney and GAL must have knowledge of the child welfare agencies, governmental programs, and community-based service providers and organizations serving children (e.g., behavioral health, developmental disability, health care, education, financial assistance, counseling support, family preservation, reunification, permanency services, and juvenile justice). An attorney and GAL must be knowledgeable about how to access these services and advocate for appropriate services for the child.
Credits
Added Dec. 8, 2021, effective July 1, 2022.
17B A. R. S. Juv. Ct. Rules of Proc., Rule 306, AZ ST JUV CT Rule 306
State Court Rules are current with amendments received through May 15, 2024. The Code of Judicial Administration is current with amendments received through May 15, 2024.
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