Home Table of Contents

Appendix D Statewide standards of expected conduct for court-appointed counsel

Baldwin's Kentucky Revised Statutes AnnotatedFamily Court Rules of Procedure and Practice

Baldwin's Kentucky Revised Statutes Annotated
Family Court Rules of Procedure and Practice
XIV. Appendix D. Statewide Standards of Expected Conduct for Court-Appointed Counsel
Kentucky Family Rules of Practice and Procedure App. D
Appendix D Statewide standards of expected conduct for court-appointed counsel
Currentness
<Publisher’s Note: In Order 2022-58, dated December 9, 2022, the Supreme Court of Kentucky changed the designation of this appendix from "X. Appendix D." to "XIV. Appendix D.">
The standards below are the default standards for attorneys appointed to represent an adult or child in dependency, abuse, neglect, termination of parental rights, and adoptions. However, local courts may have adopted alternative standards by way of local rule. Please consult your court's local rules to find whether alternative standards have been approved and adopted.
(1) Scope
These Statewide Standards apply to all court-appointed counsel who represent children, parents, persons exercising custodial control, or any other person entitled to representation in adoption, dependency, neglect and abuse, and termination of parental rights actions. Each court-appointed counsel shall follow these standards, as well as the Kentucky Rules of Professional Conduct (SCR 3.130 through SCR 3.995). Should the Kentucky Rules of Professional Conduct impose a different duty than these Statewide Standards, the higher standard controls.
(2) Essential Practices for All Court-Appointed Attorneys
All appointed attorneys, including guardians ad litem and those appointed to represent adults, should:
1. Zealously advocate for his or her client;
2. Communicate with his or her client(s) regularly, including minor children, where practical, based upon the child's age and ability to communicate;
3. Explain the child welfare legal process and the client(s)'s rights and duties in a manner that best facilitates the client(s)'s understanding of the same;
4. Have knowledge and understanding of current federal and state child welfare laws;
5. Prepare for and attend court hearings and reviews;
6. Discuss and understand the client's life circumstances, including strengths, needs, and the client(s)'s available resources; and assist them with accessing such resources when possible;
7. Understand trauma and client's specific trauma history, how the client's trauma history impacts client's experience with the child welfare system and ability to engage in child welfare services, and how trauma impacts the attorney/client relationship;
8. Build a relationship of trust and ensure the client experiences fairness;
9. Seek court accommodations that promote equal access and full participation in proceedings;
10. Prepare his or her client and the client's witnesses for court;
11. Maintain a reasonable caseload and devote sufficient time for advocacy;
12. Conduct an independent investigation at every state of the proceeding, before and after the jurisdictional/dispositional phase of the proceedings, which should include obtaining and reviewing on an ongoing basis and to the extent allowable under state law (including via subpoena, discovery, or court order), child welfare agency records, service provider records, and all other relevant records for parents and children;
13. Provide ethical legal representation;
14. Confirm his or her client receives proper notice and understands, to the best of the client's ability, the duties and restrictions imposed by court orders;
15. Actively engage in conflict resolution and negotiation;
16. Proactively move the case forward if it is in the client's interests, including reducing case continuances and timely filing any necessary pleadings, motions, or briefs;
17. File motions and appeals necessary to protect his or her client rights and interests;
18. Understand how cultural, social, and economic differences affect the attorney-client relationship sufficiently to ensure that all clients receive the same quality of representation;
19. Understand how racial, cultural, social, and economic differences may impact the attorney/client relationship, avoid imposing personal values upon clients, and take these factors into account when working with clients to achieve their case goals, including identifying and accessing services;
20. Understand and recognize the impact of personal and system bias stemming from race, gender identity, sexual orientation and expression, ethnicity, culture, country-of-origin, disability, and socioeconomic status, and develop strategies, including legal strategies, to mitigate the negative impact of personal and system bias on clients' case goals; and
21. Identify and use to clients' advantage their individual, familial, cultural, and community strengths.
(3) Standards for Guardians ad litem
The guardian ad litem's role is to advance the child(ren)'s interests in court, provide legal counsel, help the child understand the legal process, and empower the child to participate. To achieve this, the guardian ad litem should:
1. Explain to the child that he or she represents the child and advocates in the child's best interest;
2. Understand the child's wishes in regard to the outcome of the case;
3. Ensure the client's voice is heard in the proceedings, which includes informing the court, upon permission of the child, of any wishes the child has that differ from the child's best interest;
4. Ensure the child has an opportunity to attend and participate in court hearings;
5. Advocate for the child to maintain contact with parents, siblings, and kin through visitation, placement, and permanency planning, when appropriate;
6. Communicate with any person or agency who has relevant information to the case, including teachers, foster parents, and service providers;
7. Promote tailored and specific case plans and services; and
8. Advocate for the child's access to education and community supports.
(4) Standards for Attorneys Representing Adults
The role of an attorney appointed to represent an adult is to protect the client's legal rights, advance the client's interests in court, and help the client understand the legal process. To achieve this, the court-appointed attorney, in addition to the Essential Practices for All Court-Appointed Attorneys, should:
1. Diligently pursue the clients' case goals and as needed and when consistent with client's interests and objectives;
2. ensure the client's voice is heard in the proceedings;
3. Help the client problem-solve and meet case goals;
4. Advocate parent-child contact through visitation and permanency planning; and
5. Identify potential ancillary legal issues that could impact client's dependency case, refer client to legal resources to address issues, and communicate regularly with client's other legal service providers to with the goal of ensuring that dependency proceedings and other legal proceedings benefit client.

Credits

HISTORY: Amended by Order 2022-58, eff. 1-1-23. Adopted by Order 2020-1, eff. 2-1-20
KY Family Court Rules App. D, KY ST FAM CT App. D
Current with amendments received through March 1, 2024. Some sections may be more current, see credits for details.
End of Document