008-2 Wyo. Code R. § 2-4

Current through April 27, 2019
Section 2-4 - Qualifications and training

(a) Before the Office may contract with an attorney to provide attorney guardian ad litem services for the Program, the attorney must satisfy certain minimum training qualifications in addition to the requirements set forth by these Rules above.

(b) The Program will contract with and employ attorneys only from the ranks of qualified attorneys. Contracts, employment, appointments and assignments will not be made without regard to prior training or practice. Competence requires relevant training and experience. Attorneys assigned as attorney guardians ad litem pursuant to these Rules and the Program shall be subject to all of the rules and standards of the legal profession.

  • (i) Initial training. A lawyer shall not be qualified for an initial contract, employment, appointment or assignment (for placement on the GAL Panel) pursuant to these Rules and the Program unless the attorney has received within the two (2) years prior to applying for certification with the Program, ten (10) or more live hours of child related training accredited by the Wyoming State Bar, or the attorney otherwise provides evidence acceptable to the Deputy Director that he or she has recent training, experience, or both, which is reasonably equivalent.
    • (A) The Program Deputy Director will decide on a case-by-case basis what constitutes "child-related training." The Deputy Director may also require a specific training course or materials to qualify for initial training.
    • (B) Any training offered by the NACC or the Program constitutes child-related training.
    • (C) If an attorney is removed from the GAL Panel after their initial training for a period of two (2) years or more, they must again complete the required initial ten (10) hours of training before being reinstated on the GAL Panel.
    • (D) This paragraph does not apply to subsections (c) or (d) of Section 4, below.
    • (E) The new contractor or employee will also have to complete initial training to the satisfaction of the Program Deputy Director upon their start with the Program.
    • (F) This paragraph also does not apply to the law students supervised and practicing under faculty attorney supervisors at the University of Wyoming College of Law Clinics. It does apply to the faculty attorney supervisors.
  • (ii) Continuing training. In order to remain on the GAL Panel and be eligible for appointments, the attorney GAL shall obtain five (5) live hours of continuing legal education per legal education reporting year. These five (5) live hours shall be multidisciplinary, child-related training and relevant to an appointment in Juvenile Court proceedings.
    • (A) The Deputy Director has the additional authority and discretion to require all Program GALs to obtain training in addition to the minimum five (5) hours of continuing legal education when necessary.
    • (B) This paragraph also does not apply to the law students supervised and practicing under faculty attorney supervisors at the University of Wyoming College of Law Clinics. It does apply to the faculty attorney supervisors.
  • (iii) In accordance with Child Abuse Prevention and Treatment Act Reauthorization of 2010 ( P.L. 111-320 ), all GALs, before assignment to any case shall have training on their role as a GAL in Wyoming and specific training on "early childhood, child, and adolescent development."
  • (iv) All training shall be approved by the Deputy Director based on the requirement that the GAL acquire sufficient knowledge in a wide range of subject areas including but not limited to:
    • (A) All relevant federal and state laws, regulations, policies, rules, and relevant court decisions;
    • (B) Infant, young child, and adolescent development needs and abilities, including the impact of trauma, mental health disorders, and disability;
    • (C) Developmentally appropriate interviewing and counseling skills;
    • (D) The role of the GAL in Wyoming and his or her ethical responsibilities to the client;
    • (E) Racial disproportionality within the child welfare system;
    • (F) Other biases that operate within the child welfare system and the juvenile justice system that could interfere with the ability of the GAL to successfully advocate for the child's preferences and best interests;
    • (G) Cultural competency;
    • (H) The types of experts who can consult with attorneys on various case issues;
    • (I) Family dynamics and dysfunction such as domestic violence, substance abuse, and mental health;
    • (J) The use of relative and kinship care;
    • (K) Child welfare, family preservation, and juvenile justice services available in the community;
    • (L) The role and authority of the Wyoming Department of Family Services and both public and private organizations within the child welfare and juvenile justice system; and
    • (M) An awareness and appropriate level of understanding of the ancillary legal systems and issues that impact children and youth in the dependency and juvenile justice system, such as educational issues, family law, offender matters, public benefits, immigration, child support, guardianship, adoption, substance abuse, developmental disabilities, and mental health disorders.

(c) Successful completion of the University of Wyoming College of Law's Children and Law course (or equivalent thereof). Any attorney who has, while in law school, successfully completed the Children and the Law course at the University of Wyoming College of Law, or an equivalent course there or at another ABA accredited law school, will be deemed to have fulfilled the ten (10) hour initial training set forth in paragraph (i). This shall apply retroactively. Proof of this successful completion will be required in the form of an official certified transcript from Law School.

(d) Persons having successfully completed their second year of law school, successfully completed at least one semester in the UW Law School Legal Services or DV LAP Legal Clinics, and attended at least ten (10) hours of Program training with the clinics and clinic faculty supervisors may count that training toward the Program's requirement found in Section 4(b)(i), initial training. Proof of these requirements will be required in the form of a letter from the clinic faculty supervisor confirming these requirements were met. Nothing in these Rules supersedes any State Bar licensing requirements or State Bar rules, regulations, policies or procedures.

(e) The Program shall ensure annual Continuing Legal Education (CLE) guardian ad litem training is available for all interested attorneys.

008-2 Wyo. Code R. § 2-4