(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.
(c) A GAL's failure to do any of the foregoing may result in termination of the contract or employment.
(d) Multidisciplinary team responsibilities. A GAL shall attend, in person unless extraordinary circumstances require attendance by telephone, all pertinent multidisciplinary team ("MDT") meetings/hearings, in the child's best interests. A GAL shall participate, in the child's best interests, as a MDT member in reviewing the child's personal and family history, school records, mental health records and Department of Family Services records and any other pertinent information, for the purpose of making case planning recommendations. If a GAL cannot attend a MDT team meeting in person or by telephone, he/she shall submit written reports and recommendations to the other team members and to the court prior to the meeting. Any failure to attend a pertinent MDT team meeting/hearing may result in non-payment of bills and/or termination of the contract or employment. - (i) The GAL shall motion the Court to add additional members to the MDT team when such addition benefits the child's preferences or best interests (i.e. the child, APS, a service provider, etc.).
(e) All GALs shall consult with their clients and evaluate any appealable issues as they arise. Before filing an appeal or a brief in response to an appeal with the Wyoming Supreme Court, the GAL shall submit the case to the Deputy Director for review. The appeal may be assigned to a specially trained appellate GAL when applicable, so prompt notification to the Deputy Director is necessary.