SD Supreme Court impoves child's right to counsel

08/14/2021, Litigation, Abuse/Neglect/Dependency - Children

In Interest of C.R.W., the South Dakota Supreme Court ruled that while child's counsel in an abuse/neglect case does not have a duty to let a child of reasoning age decide the objectives of the representation, the lawyer does have a duty to consult with the child, ascertain the child’s desires and position on the particular issue and communicate the child’s position to the court on the record and the child’s reasons for that position.