Rule 12.1 - Appointment of Attorney for Child(a)Request for Appointment. Any party, including a child, may request the appointment of an attorney for the child, either in writing or orally on the record. The court may also make the appointment on its own initiative. (b)Appointment Types. (1)Mandatory Appointments. The court shall appoint an attorney for a child who is 10 years of age or older in any of the following circumstances: (A) The child does not consent to placement in a psychiatric hospital or residential treatment center; (B) The child does not consent to administration of psychotropic medication; (C) The child objects to disclosure of psychotherapy information or records under CINA Rule 9(b); (D) A request for a court order authorizing emergency protective custody has been made under AS 47.10.141(c); or (E) The child is pregnant or has custody of a minor child. (2)Discretionary Appointments. The court may appoint an attorney in other circumstances including, but not limited to: (A) The child's and guardian ad litem's positions are not aligned on placement, family or sibling contact, permanency goal, case plan, or another important issue in the case; (B) The child would benefit from a confidential relationship with an attorney; or (C) The child is not residing in the designated placement. (c)Scope of Appointment. The court may limit the scope or duration of the attorney appointment to the issue that necessitated the appointment. (d)Attorney's Role. The attorney's role is to advocate for the child's expressed wishes. The attorney shall maintain a normal client-lawyer relationship as required by Rule 1.14 of the Alaska Rules of Professional Conduct.Alaska R. P. Ch. Need 12.1
Adopted by SCO 1978 effective 10/17/2022.CROSS REFERENCE:AS 18.85.100; AS 44.21.410; AS 47.10.050; Administrative Rule 12.