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Rule 506 Appointment and Duties of GAL and Other Court Appointed Counsel

Baldwin's Kentucky Revised Statutes Annotated6th Judicial District - Daviess District Court

Baldwin's Kentucky Revised Statutes Annotated
6th Judicial District - Daviess District Court
Rule 5 Dependency, Neglect, and Abuse
KY RDDC Rule 506
Rule 506 Appointment and Duties of GAL and Other Court Appointed Counsel
A. Court Appointment of Counsel: The Juvenile Clerk shall appoint GAL and counsel for parents or other parties (CACs) from voluntary lists of local attorneys licensed and in good standing with the Kentucky Bar Association. Any District Judge may remove attorneys from the appointment list for that Judge's division at the Judge's discretion.
1) Guardian ad Litem: Immediately after a petition is filed, the Juvenile Clerk shall appoint a GAL to represent the child's best interests, and shall provide the appointed attorney notice of the appointment and the court date, and a copy of the petition.
2) Counsel for Person Accused of Dependency/Neglect/Abuse:
a. Temporary Removal Hearing: After the filing of an ECO, where the person from whose custody the child is removed is indigent and is not already represented by counsel, the Juvenile Clerk shall immediately appoint counsel for that party, and provide counsel with Notice of the appointment and court date, and a copy of the ECO, Affidavit and related Petition.
b. All Other Actions: At the first Court appearance, persons accused of dependency/neglect/abuse should be advised of their right to counsel and, if counsel is requested, should be provided an Affidavit of Indigency if one has not already been provided to the Court. If the party qualifies as indigent, the Court shall appoint counsel for the party who shall thereafter be informed of the appointment and provided copies of the Petition or pending action and notice of the next court date by the Juvenile Clerk.
3) Counsel for Non-Accused Parent or Custodial Party: The Court may, in its discretion, for good cause and in the interest of justice, appoint counsel for an indigent parent or indigent party exercising custody of the child who has not been accused of dependency/abuse/neglect.
4) Warning Order Attorney: To provide notice to an absent parent, absent person exercising custody over the child, or absent person accused of dependency/neglect/abuse, the Court may appoint a Warning Order Attorney and, if the party can be located and makes an appearance, may then be appointed as counsel for that party in the discretion of the Court.
B. Duties of Court Appointed Counsel (CAC): The CAC represents the parent(s) or other person exercising custodial control or supervision (PECCS) from whom the child was removed and shall treat their clients with dignity and respect, and shall diligently represent the interest of their clients and provide competent representation in accordance with all applicable ethical rules, including return of phone calls and email, and communication with their client outside of the courtroom. The CAC has the same obligation to the client as retained counsel. See SCR 3.130 (6.2) and commentary.
C. Duties of GAL: The role and responsibility of the GAL is to represent, as an attorney, the child's best interests before the Court. The GAL shall be a full and active participant in the proceedings who independently investigates, assesses and advocates for the child's best interests. When representing a child who may be too young to understand or monitor court orders or complex legal proceedings, the implicit set of checks and balances operative in other types of representation is not likely to insure adequate representation. Therefore, detailed standards for the practice of Guardians ad Litem for Children are attached as Appendix B. Attorneys accepting appointments as GAL for children shall adhere to these standards or may be removed from the appointment list in the discretion of the sitting Judge.

Credits

HISTORY: Amended effective May 9, 2012.
Daviess District Court Rule 506, KY R DAVIESS DIST CT Rule 506
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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