Right to counsel

Washington D.C. , Legislation , Abuse/Neglect/Dependency - Children , Termination of Parental Rights (State) - Children

Children have a right to the appointment of a guardian ad litem who is an attorney in abuse/neglect proceedings. D.C. Code § 16-2304(b)(5).   The GAL’s role is to represent the child’s best interests.

Under SCR Neglect and Abuse Rule 42, the court has the ability to appoint a separate attorney as well. SCR Neglect and Abuse Rule 42 (“An attorney shall be appointed to serve as guardian ad litem for a child or children alleged to be neglected and the Court may, in addition, appoint an attorney to represent such child or children.”).

Appointment of Counsel: Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.