Discretionary appointment of counsel

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Legislation, Abuse/Neglect/Dependency - Children

Haw. Rev. Stat. § 587A-17(a) provides that the court may appoint counsel for any "party" in an abuse/neglect proceeding if it is in the child's best interest, and § 587A-4 defines "party" to include the child.


The court is required to "appoint a guardian ad litem for a child throughout the pendency of child protective proceedings under this chapter" Haw. Rev. Stat. § 587A-16(a), whose responsibilities include "inform[ing] the court of the child's opinions and requests." Haw. Rev. Stat. § 587A-16(c)(6).  If "the child's opinions and requests differ from those being advocated by the guardian ad litem, the court shall evaluate and determine whether it is in the child's best interests to appoint an attorney to serve as the child's legal advocate concerning such issues and during such proceedings as the court deems to be in the best interests of the child." Haw. Rev. Stat. § 587A-16(c)(6).

Appointment of Counsel: discretionary Qualified: no