NCJ Number
62179
Journal
Social Casework Volume: 60 Issue: 8 Dated: (OCTOBER 1979) Pages: 463-470
Date Published
1979
Length
8 pages
Annotation
THE RIGHTS, DUTIES, AND LIMITATIONS OF THE ATTORNEY AD LITEM ARE DISCUSSED.
Abstract
GUARDIANS AD LITEM ARE LAWYERS REPRESENTING PERSONS WHO CANNOT LEGALLY REPRESENT THEMSELVES IN JUDICIAL PROCEEDINGS NAMELY, MINORS, INCOMPETENTS, PERSONS WHOSE WHEREABOUTS ARE UNKNOWN, OR AN UNKNOWN PERSON WHOSE INTERESTS MAY BE, AND PROBABLY WILL BE, AFFECTED BY A JUDICIAL PROCEEDING. GUARDIANS AD LITEM ARE EMPOWERED TO REPRESENT THE INTERESTS AND RIGHTS OF THEIR WARDS ONLY IN THE PARTICULAR PROCEEDINGS THAT GAVE RISE TO THE APPOINTMENT, AND THEIR AUTHORITY ENDS WITH THE FINAL JUDGMENT OR DECREE RESULTING FROM THE PROCEEDINGS. THE APPOINTMENT OF AN ATTORNEY TO REPRESENT A CHILD INSURES A FAIR AND EFFECTIVE ADVOCACY OF THE CHILD'S NEEDS. WHERE FUNDS ARE AVAILABLE THROUGH THE COURT OR PRIVATE RESOURCES, CHILDREN INVOLVED IN LEGAL PROCEEDINGS SHOULD HAVE SUCH REPRESENTATION. THE FUNCTIONS OF THE ATTORNEY AD LITEM VARY, DEPENDING ON WHETHER THE PROCEEDING INVOLVES DIVORCE AND CUSTODY, A JUVENILE CRIMINAL TRIAL OR A CHILD ABUSE SITUATION. IN CUSTODY AND ADOPTION PROCEEDINGS THE ATTORNEY AD LITEM SHOULD (1) OBTAIN INFORMATION RELEVANT IN THE CASE, WITH THE RIGHT OF LEGAL DISCOVERY; (2) PRESENT TO THE COURT EVIDENCE AS TO THE CHILD'S VIEWPOINT AND FEELINGS; (3) CROSS-EXAMINATION WITNESSES PRESENTING EVIDENCE DEEMED ADVERSE TO THE CHILD'S INTERESTS; AND (4) APPEAL DECISIONS OF THE COURT. AN ATTORNEY REPRESENTING AN ACCUSED JUVENILE SHOULD OBTAIN ALL FACTS AVAILABLE TO SHOW THE JUVENILE DID NOT COMMIT THE ALLEGED ACT. IF THE CLIENT DID COMMIT THE ALLEGED OFFENSE, THEN COUNSEL SHOULD ATTEMPT TO SECURE A COURT JUDGMENT WHICH WOULD BEST SUIT THE CLIENT. IN CHILD ABUSE PROCEEDINGS, THE ATTORNEY AD LITEM SHOULD (1) INSIST THAT THE CHILD'S INTERESTS BE CONSIDERED BY THE COURT; (2) REPRESENT ANY ESTABLISHED RIGHTS OF THE CHILD; (3) REPRESENT THE CHILD'S WISHES; AND (4) OFFER THE COURT A THIRD POINT OF VIEW, NOT NECESSARILY MORE CHILD CENTERED THAN THAT OF THE PARENTS OR THE PROFESSIONAL EXPERT, BUT PERHAPS REPRESENTING THE JUDGMENT OF THE PERSON IN THE STREET. A SOCIAL WORKER AND AN ATTORNEY AD LITEM MAY FUNCTION AS AN INTERDISCIPLINARY TEAM, JOINTLY SERVING THE LONG-RANGE INTERESTS OF THEIR MUTUAL CLIENT AND SOCIETY. (RCB)