Right to counsel

Ark. Code Ann. § 9-27-401 established a Division of Dependency and Neglect Representation, and it refers to “the intent of the General Assembly to provide an appropriate and adequate level of representation to all children in dependency-neglect proceedings as required under federal and state law pursuant to § 9-27-316.”

Under state law, children are entitled to a “best interests” attorney ad litem when an dependency-neglect petition is filed. Ark. Code § 9- 27-316(f).  But for the purpose of making specific determinations in dependency-neglect hearings, the court is permitted to consider the juvenile’s preferences if they are “of a sufficient age and capacity to reason, regardless of the juvenile’s chronological age.” See Ark. Code § 9-27-325(o)(2)(D) (in making determinations about supervised or unsupervised visitation); Ark. Code § 9-28-108(e) and Ark. Code § 9-27-355(b)(5) (in making determinations about placement of the juvenile).

Although children are entitled to counsel regardless of indigence, the fees and expenses for the representation may be assessed against the child and their family if the court finds that they have the ability to pay.  Ark. Code § 9-27-316(b)(1)-(2).