According to the order, do children have a right to an attorney?

• Yes, children have the right to legal counsel.

  • “As parens patriae, the government’s overriding interest is to ensure that a child’s safety and well-being are protected…. such protection can be adequately ensured only if the child is represented by legal counsel throughout the course of the deprivation and TPR proceeding.”(p. 18)*

• Not just counsel but effective counsel

  • Judge Shoob uses the guidelines of the National Association of Counsel for Children, which state that to be effective a child advocate attorney should represent no more than 100 individual clients at a time (p. 21). The order lists the minimum legal tasks required when representing deprived children. (p. 20)

• Authority for appointing counsel:

  • Children are parties to the case. (p. 10)

  • O.C.G.A. § 15-11-6(b) requires appointment of counsel for all parties at all stages of any proceeding alleging deprivation. (p. 9-13)

  • The Due Process Clause of the Georgia Constitution requires appointment of counsel to protect the child’s liberty interests that are at stake in deprivation proceedings. (p. 13-16)

According to the order, do children have a right to a guardian ad litem (GAL)?

• Yes, the juvenile court shall appoint a guardian ad litem. (p. 12)

• There is no conflict in requiring the appointment of both an attorney and a GAL, and, in fact, Georgia law expressly requires appointing both an attorney and a GAL. (p. 12)

• Authority for appointing a GAL:

  • O.C.G.A. § 15-11-9(b) requires the appointment of a GAL for a child who is a party to the proceeding if the child has no parent, guardian, or custodian appearing on the child’s behalf or if the interests of the parent, guardian or custodian conflict with the child’s interests. (p. 12)

  • The Attorney General of Georgia has found that there is an inherent conflict of interest between a child and his parent or caretaker in a deprivation proceeding. (p. 11)

Why do children need an attorney?

• Children have fundamental liberty interests at stake in deprivation proceedings, which include a child’s interest in her safety, health, well-being, maintaining the integrity of the family unit and in having a relationship with her biological parents. (p. 14)

• Children have a due process right to protection of these liberty interests under the Due Process Clause of the Georgia Constitution.