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U.S. Jurisdiction Summary Chart Legal Requirement re: Duties of Child Representative Child’s AttyBest Interests Representative Categorization Required.

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Presentation on theme: "U.S. Jurisdiction Summary Chart Legal Requirement re: Duties of Child Representative Child’s AttyBest Interests Representative Categorization Required."— Presentation transcript:

1 U.S. Jurisdiction Summary Chart Legal Requirement re: Duties of Child Representative Child’s AttyBest Interests Representative Categorization Required to Advocate Child’s Views Required to Express Child’s Views Not Required to Express Child’s Views A Child’s Atty required; Best Interests Representative optional XX (optional) LA, MD (child w/ “considered judgment”), MA, NJ, NM (age 14+), OK, PA (TPR), WV, WI (age 12+) B Child’s Atty and Best Interests Representative required XX AS, AZ, CT, GA, MN (age 10+), MS, MT, ND (TPR), NY, PR, SC (Abuse/Neglect), TN, TX, VI C Best Interests Representative required to express views; Child’s Atty optional X (optional)X DE, FL, GU, HI, IA, KS, KY, ME, MD (child w/out “considered judgment”), MI, NV, NM (age <14), PA (Abuse/Neglect), SC (TPR), VT, VA, WI (age < 12) D Best Interests Representative required to express views X AR, CA, MO, NC, UT E Best Interests Rep. required, no provision to express views; Child’s Atty optional X (optional)X AK, DC, ID, MN (age <10), NE, NH, OH, OR, WA, WY F Best Interests Rep. required, no provision to express views X AL, CO, IL, IN, ND (Abuse/Neglect), MP, RI, SD In compliance with CRC, Art. 12 Not in compliance with CRC, Art. 12 © Jean Koh Peters, 2006

2 © Jean Koh Peters, Explanation of Models ModelExplanation A Child’s Atty required; Best Interests Representative optional Jurisdictions in which a child's attorney, who advocates for the child’s views is required. A Best Interests Rep., either an attorney or a volunteer, may be appointed at the court’s discretion. Some of these jurisdictions want the representative to fill both roles. If this is not possible due to a conflict between the child’s views and the child’s best interests, the role of child's attorney is primary. B Child’s Atty and Best Interests Representative required Jurisdictions in which both a child’s attorney, who advocates for the child’s views, and a Best Interests Rep., who advocates for the child’s best interests, are required. In some jurisdictions the two roles may be filled by one representative. In other jurisdictions, two separate representatives are required to fill the two roles. C Best Interests Rep required to express views; Child’s Atty optional Jurisdictions in which a Best Interests Rep, who advocates for the best interests of the child, is required. The Best Interests Rep can be either an attorney or a trained volunteer, i.e., CASA. The Best Interests Rep is required to express (but not advocate for) the child’s views. If the child’s views differs from the Best Interests Rep’s assessment of the child’s best interests, the court may appoint a child's attorney to advocate for the child’s views. D Best Interests Rep required to express views Jurisdictions in which a Best Interests Rep, who advocates for the best interests of the child, is required. The Best Interests Rep can be either an attorney or a trained volunteer, i.e., CASA. In these jurisdictions, the Best Interests Rep is required to express (but not advocate for) the child’s views. There is no provision for the appointment of a child's attorney to advocate for the child’s views in these jurisdictions. E Best Interests Rep required, no provision to express views; Child’s Atty optional Jurisdictions in which a Best Interests Rep, who advocates for the best interests of the child, is required. The Best Interests Rep can be either an attorney or a trained volunteer, i.e., CASA. In these jurisdictions, there is no statutory requirement for the Best Interests Rep to express the child’s views. The court may appoint a child's attorney to advocate for the child’s views. F Best Interests Rep required, no provision to express views Jurisdictions in which a Best Interests Rep, who advocates for the best interests of the child, is required. The Best Interests Rep can be either an attorney or a trained volunteer, i.e., CASA. In these jurisdictions, there is no statutory requirement for the Best Interests Rep to inform the court of the child’s views. There is no provision for the appointment of a child's attorney. © Jean Koh Peters, 2006


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