As amended through December 3, 2024
Rule 307 - Duties of a Parent's Attorney(a) Communicate with the Parent. The parent's attorney must communicate with the parent before the preliminary protective hearing or as soon thereafter as possible. The attorney must communicate with the parent before every hearing. The attorney must establish procedures for regular communications with the parent and must timely respond to the parent's communications.(b) Explain the Role. The attorney must explain to the parent the attorney's role and the ethical obligations associated with that role.(c) Provide Information and Explain Requirements. The attorney must review the allegations of the dependency petition and explain to the parent the nature of the proceedings including terminology, timelines, courtroom protocol, the parent's legal rights in the dependency action, various parties and participants associated with the action, ways that the parent can affect case outcomes, consequences of the parent not attending hearings, and possible consequences of being placed on the DCS Central Registry. The attorney must also explain the court's orders and the case plan.(d) Participate in the Proceeding. The attorney must, as appropriate, participate in discovery, file pleadings, motions, and other documents, subpoena witnesses, provide the parent with disclosure and court documents, and develop the parent's position for each hearing. The attorney must advocate for appropriate services for the parent and explain to the parent the procedural and substantive status of the case. The attorney must notify the court when an interpreter is needed. Except for the preliminary protective hearing, if a parent is incarcerated, the attorney must ensure that the proper notice or motion is filed to enable the parent to participate in the hearing.(e) Possess General Knowledge. The attorney must be familiar with the child and public welfare systems, community-based organizations serving parents, and how to obtain services. Examples of such services are behavioral health, substance abuse treatment, domestic violence services, developmental disability, health care, education, financial assistance, counseling support, family preservation, reunification, and permanency services.(f) Maintain the Confidentiality of the Child's Placement. The child's placement address and contact information is confidential. If that information is inadvertently provided to the parent's attorney, the parent's attorney has a duty to maintain that confidentiality and not disseminate the information to the parents or any other person.Adopted Dec. 8, 2021, effective 7/1/2022.