Right to counsel
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.”).
In addition, a youth with a pending neglect case under Section 4-1321.01 may file a motion to establish a support family. If the youth’s guardian ad litem doesn’t support the support family agreement as being in the best interest of the youth, the court shall appoint a stated interest attorney to assist the youth with the support family proceeding. § 16-2399.23(b). And the GAL shall continue to represent the best interest of the youth.
