The opinion
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SUPREME COURT OF ARKANSAS
No.
IN RE ADMINISTRATIVE Opinion Delivered March 17, 2016
ORDER NUMBER 15.1 B
QUALIFICATIONS AND
STANDARDS FOR ATTORNEYS
APPOINTED TO REPRESENT
CHILDREN AND PARENTS
PER CURIAM
Administrative Order Number 15.1 is amended, effective immediately, and
republished as set out below. The amendments are to sections 1, 2, and 3, are illustrated in
the End Note, and are summarized as follows: Section 1 (c) is amended to provide an
individualized clinical component commensurate with each attorney=s experience. Sections
2 and 3 are amended with respect to providing attorney contact information and clarifying
attorney=s communication responsibilities.
Administrative Order Number 15.1 -Qualifications and Standards for
Attorneys Appointed to Represent Children and Parents
Section 1. Qualifications for attorneys appointed by the court to represent children and
indigent parents in dependency-neglect cases.
a. An attorney shall be licensed and in good standing with the Arkansas Supreme
Court.
b.(1) Prior to appointment, an attorney shall have initial education to include
Cite as 2016 Ark. 131
approved legal education of not less than 10 hours in the two years prior to the
date an attorney qualifies as a court-appointed attorney for children or indigent
parents in dependency-neglect cases. Initial training must include:
Child development;
Dynamics of abuse and neglect;
Attorney roles & responsibilities, including ethical considerations;
Relevant state law, federal law, case law, and rules;
Family dynamics, which may include but is not limited to, the following topics:
substance abuse, domestic violence and mental health issues; and
Division of Children and Family Services (DCFS) policies and procedures.
Additional initial legal education may include, but is not limited to:
Grief and attachment;
Custody and visitation;
Resources and services; and
Trial and appellate advocacy.
(2) The Administrative Office of the Courts (AOC) shall design and conduct
programs for the initial 10 hours of legal education, either alone or in collaboration with
other agencies or entities.
(3) Following completion of the initial 10 hours of legal education, continuing legal
education (CLE) shall include at least 4 hours per year related to representation in
dependency-neglect cases which may include, but is not limited to, the subject categories
listed in (b)(1). The 4 hours of CLE may be in any one of the specified categories in (b)(1)
or in any combination thereof.
(4) Both the initial 10 hours of education and the 4 hours of CLE shall be certified
in accordance with the rules and regulations promulgated by the Continuing Legal
Education Board. All educational hours shall be calculated with reference to the CLE
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reporting period of July 1 through June 30, as utilized for general CLE credit by the
Continuing Legal Education Board. The CLE hours for attorneys may not be carried over
from one CLE year to the next.
(5) An attorney who is qualified for court appointment in dependency-neglect
cases but who fails to acquire 4 hours of CLE required by June 30 of any year shall be subject
to the pertinent compliance dates of Rule 5(D) of the Arkansas Rules and Regulations for
Minimum Continuing Legal Education. In accordance with Rule 5.(D), attorneys who sign
an acknowledgment deficiency by August 31, and obtain their 4 hours by December 1 shall
remain qualified. However, such attorneys shall not be subject to the provisions of Section
5 of the Regulations for Minimum Continuing Legal Education.
(6) When an attorney is seeking to complete the 4-hour CLE requirement between
June 30 and December 1 for the previous CLE year, he or she may remain as attorney on
any pending cases for which appointment was made when the attorney was in compliance
with the educational requirements. However, that attorney shall not accept appointment to
any new cases until he or she is in full compliance with the CLE requirements.
(7) An attorney who fails to complete 4 hours of CLE by December 1 is no longer
qualified for court appointment in dependency-neglect cases. His or her name shall be
removed from the list of qualified attorneys that is maintained and distributed to the trial
courts by the AOC. Such attorney can become qualified again only by completing 10 hours
of CLE in the categories required for initial qualification.
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(8) Attorneys in compliance with the educational qualifications as an attorney ad
litem for dependency-neglect cases as of July 1, 2001 shall be deemed to have met the initial
educational qualifications to represent parents in dependency-neglect cases.
c. Clinical prerequisite for new appointments in dependency-neglect cases.
The Directors of the Attorney Ad Litem Program and Parent Counsel Program shall
establish an individualized clinical prerequisite commensurate with each individual
attorney=s experience that may include but is not limited to participation in staffings,
mediation and hearings with an experienced attorney, and assigning an experienced attorney
as mentor to the new attorney. Each attorney shall have a documented clinical plan approved
by an attorney program director in their dependency-neglect qualification file.
Section 2. Standards of practice for attorneys ad litem in dependency-neglect cases.
a. An attorney ad litem shall conduct personally or in conjunction with a trained Court
Appointed Special Advocate (CASA) volunteer an independent investigation consisting of
review of all relevant documents and records including but not limited to: police reports,
DCFS records, medical records, school records, and court records. The ad litem shall
interview the child, and in conjunction with a trained CASA volunteer, when one has been
appointed, shall interview the parents, foster parents, caseworker, service providers, school
personnel and others having relevant knowledge to assist in representation. Continuing
investigation and regular contact with the child are mandatory. The attorney ad litem shall
provide his or her clients and/or his or her client=s caregivers, the attorney=s contact
information and shall respond promptly to all contacts concerning his or her client,
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understanding that traditional methods of communication may vary depending on the
client=s age and ability.
b. An attorney ad litem shall determine the best interest of a child by considering
such factors as the child's age and sense of time, level of maturity, culture and ethnicity,
degree of attachment to family members including siblings; as well as continuity,
consistency, and the child's sense of belonging and identity.
c. An attorney shall make earnest efforts to attend all case staffings and court-ordered
mediation conferences. Absent reasonable cause, the attorney shall directly communicate
with his or her client and/or his or her client=s caregiver prior to the date of each hearing.
An attorney ad litem shall appear at all hearings to represent the best interest of the child.
All relevant facts should be presented to the court and if the child's wishes differ from the
ad litem's determination of the child's best interest, the ad litem shall communicate the child's
wishes to the court.
d. An attorney ad litem shall explain the court proceedings and the role of the ad
litem in terms that the child can understand.
e. An attorney ad litem shall advocate for specific and appropriate services for the
child and the child's family.
f. An attorney ad litem shall monitor implementation of case plans and court orders.
g. An attorney ad litem shall file appropriate pleadings on behalf of the child.
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h. An attorney ad litem shall review the progress of the child's case and shall
advocate for timely hearings.
i. An attorney ad litem shall request orders that are clear, specific, and, where
appropriate, include a time line for assessment, services, placement, treatment and evaluation
of the child and the child's family.
j. Attorney-client or any other privilege shall not prevent the ad litem from sharing
all information relevant to the best interest of the child with the court.
k. An attorney ad litem, functioning as an arm of the court, is afforded immunity
against ordinary negligence for actions taken in furtherance of his or her appointment.
l. An attorney ad litem shall participate in 10 hours of initial legal education prior to
appointment and shall participate in 4 hours of CLE each year thereafter.
m. An attorney ad litem shall identify any potential or actual conflict of interest that
would impair his or her ability to represent a client. The attorney shall notify the court as
soon as practical of such conflict to allow the court to appoint another attorney for the client
or for the client to retain counsel prior to the next hearing.
n. A full-time attorney shall not have more than 75 dependency-neglect cases, and a
part-time attorney shall not have more than 25 dependency-neglect cases. Any deviations
from this standard must be approved by the Administrative Office of the Courts which shall
consider the following, including but not limited to: the number of counties and geographic
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area in a judicial district, the experience and expertise of the attorney ad litem, area
resources, the availability of CASA volunteers, the attorney's legal practice commitments
and the proportion of the attorney's practice dedicated to representing children in
dependency-neglect cases, the availability of qualified attorneys in the geographic area, and
the availability of funding. An attorney who is within 5 cases of reaching the maximum
caseload shall notify the Administrative Office of the Courts and the Juvenile Division Judge.
o. An attorney shall not accept appointment of any case for which he or she cannot
devote the requisite amount of time to comply with the above Standards of Practice and the
Model Rules of Professional Conduct.
Section 3. Standards of practice for attorneys appointed by the court to represent parents in
dependency-neglect cases.
a. An attorney shall conduct a review of all relevant documents and records including but
not limited to: police reports, DCFS records, medical records, and court records. An
attorney shall interview all people having relevant knowledge to assist in representation,
including but not limited to the investigator, OCC attorney or DCFS case worker, and
service providers.
b. The attorney shall provide his or her clients the attorney=s contact information and
shall respond promptly to all contacts concerning his or her client. An attorney shall make
earnest efforts to attend all case staffings and court-ordered mediation conferences. Absent
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reasonable cause, the attorney shall directly communicate with his or her client prior to the
date of each hearing. An attorney shall attend all dependency-neglect court hearings until
the case is closed or his or her client's parental rights have been terminated.
c. An attorney shall diligently and zealously protect and advance the client's interests,
rights and goals at all case staffings and in all court proceedings.
d. An attorney shall advise and explain to the client each stage of the court
proceedings and the likelihood of achieving the client's goals. An attorney, where
appropriate, shall identify alternatives for the client to consider, including the client's rights
regarding any possible appeal, and explain the risks, if any, inherent in the client's position.
e. An attorney shall appear at all hearings and present all evidence and develop all
issues to zealously advocate for his or her client and to further the client's goals.
f. An attorney shall advocate for specific and appropriate services for the parent to
further the client's goals.
g. An attorney shall monitor implementation of case plans and court orders to further
the client's goals.
h. An attorney shall file appropriate pleadings to further the client's goals.
i. An attorney shall review the progress of the client's case and shall advocate for
timely hearings when necessary to further the client's goals.
j. An attorney shall request orders that are clear, specific, and, where appropriate,
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include a time line for assessment, services, placement, and treatment.
k. An attorney shall participate in 10 hours of initial legal education prior to
appointment and shall participate in 4 hours of CLE each year thereafter.
l. An attorney shall identify any potential or actual conflict of interest that would
impair his or her ability to represent a client. The attorney shall notify the court as soon as
practical of such conflict to allow the court to appoint another attorney for the client or for
the client to retain counsel prior to the next hearing.
m. An attorney shall not accept appointment of any case for which he or she cannot
devote the requisite amount of time to comply with the above Standards of Practice and the
Model Rules of Professional Conduct.
Section 4. Qualifications for attorneys appointed by the court to represent children in
domestic relations cases and guardianship cases when custody is an issue.
a. An attorney shall be licensed and in good standing with the Arkansas Supreme Court.
(1) Prior to appointment, an attorney shall have initial education to include approved
legal education of not less than 10 hours in the two years prior to the date the attorney
qualifies for appointment. Initial education shall include but is not limited to:
Child development;
Ad litem roles and responsibilities, including ethical considerations;
Relevant substantive state, federal and case law;
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Custody and visitation; and
Family dynamics, including substance abuse, domestic abuse, and mental health
issues.
(2) The Administrative Office of the Courts shall design and conduct programs for
the initial 10 hours of legal education, either alone or in collaboration with other agencies
or entities.
(3) Continuing education required to maintain qualification as an attorney ad litem
shall include 4 hours of annual education in any of the five subject-matter areas set out in
(b)(1) above for initial training, or in other areas affecting the child and family. The 4 hours
of CLE may be in any one of the specified categories or in any combination thereof.
(4) Both the initial 10 hours of education and the 4 hours of CLE shall be certified as CLE
in accordance with the rules and regulations promulgated by the Continuing Legal
Education Board. All educational hours shall be calculated with reference to the CLE
reporting period of July 1 through June 30, as utilized for general CLE credit by the
Continuing Legal Education Board. The CLE hours for attorneys ad litem may not be
carried over from one CLE year to the next.
(5) An attorney who is qualified as an attorney ad litem but who fails to acquire 4
hours of CLE by June 30 of any year shall be subject to the pertinent compliance dates of
Rule 5.(D) of the Arkansas Rules and Regulations for Minimum Continuing Legal
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Education. In accordance with Rule 5.(D), attorneys who sign an acknowledgment of
deficiency and obtain their four hours by December 1 shall remain qualified as attorneys ad
litem. However, such attorneys shall not be subject to the provisions of Section 5 of the
Regulations for Minimum Continuing Legal Education.
(6) When an attorney ad litem is seeking to complete the 4-hour continuing
education requirement between June 30 and December 1 for the previous CLE year, he or
she may remain as attorney ad litem on any pending cases for which appointment was made
when the attorney was in compliance with educational requirements. However, that
attorney shall not accept appointment to any new cases until he or she is in full compliance
with the CLE requirements.
(7) An attorney who fails to complete 4 hours of CLE by December 1 is no longer
qualified as an attorney ad litem. His or her name shall be removed from the list of qualified
attorneys that is maintained and distributed to the trial courts by the AOC. Such attorney
can become qualified again only by completing 10 hours in the categories required for initial
qualification.
Section 5. Standards of practice for attorneys ad litem in domestic relations cases and
guardianship cases when custody is an issue.
a. An attorney ad litem shall conduct an independent investigation consisting of review of
all relevant documents and records. The ad litem shall interview the child, parents, and
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others having relevant knowledge to assist in representation. Continuing investigation and
regular contact with the child during the pendency of the action are mandatory. Upon entry
of a final order, the attorney ad litem's obligation to represent the minor child shall end,
unless directed otherwise by the court.
b. An attorney ad litem shall determine the best interest of a child by considering
such custody criteria as:
(1) Moral fitness factors: integrity, character, compassion, sobriety, religious training
and practice, a newly acquired partner regarding the preceding elements;
(2) Stability factors: emotional stability, work stability, financial stability, residence
and school stability, health, partner stability;
(3) Love and affection factors: attention given, discipline, attitude toward education,
social attitude, attitude toward access of the other party to the child, and attitude toward
cooperation with the other party regarding the child's needs;
(4) Other relevant information regarding the child such as stated preference, age, sex,
health, testing and evaluation, child care arrangements; and regarding the home such as its
location, size, and family composition.
c. An attorney ad litem shall appear at all hearings to represent the best interest of the
child. All relevant facts should be presented to the court and if the child's wishes differ from
the ad litem's determination of the child's best interest, the ad litem shall communicate the
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child's wishes to the court, as well as the recommendations of the ad litem.
d. An attorney ad litem shall file appropriate pleadings on behalf of the child, call
witnesses, participate fully in examination of witnesses, present relevant evidence, and
advocate for timely hearings.
e. An attorney ad litem shall explain to the child the court proceedings and the role
of the ad litem in terms that the child can understand.
f. An attorney ad litem shall make recommendations to the court for specific and
appropriate services for the child and the child's family. All recommendations shall likewise
be communicated to the attorneys for the parties, or if a party is pro se, then to the party.
g. An attorney ad litem shall not be prevented by any privilege, including the
lawyer-client privilege, from sharing with the court all information relevant to the best
interest of the child.
h. An attorney shall not accept appointment to any case for which he or she cannot
devote the requisite amount of time to comply with these standards of practice and the
Model Rules of Professional Conduct.
END NOTE
Administrative Order Number 15.1
Section 1. Qualifications for attorneys appointed by the court to represent children and
indigent parents in dependency-neglect cases.
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a. An attorney shall be licensed and in good standing with the Arkansas Supreme Court.
b.(1) Prior to appointment, an attorney shall have initial education to include
approved legal education of not less than 10 hours in the two years prior to the date an
attorney qualifies as a court-appointed attorney for children or indigent parents in
dependency-neglect cases. Initial training must include:
Child development;
Dynamics of abuse and neglect;
Attorney roles & responsibilities, including ethical considerations;
Relevant state law, federal law, case law, and rules;
Family dynamics, which may include but is not limited to, the following topics:
substance abuse, domestic violence and mental health issues; and
Division of Children and Family Services (DCFS) policies and procedures.
Additional initial legal education may include, but is not limited to:
Grief and attachment;
Custody and visitation;
Resources and services; and
Trial and appellate advocacy.
(2) The Administrative Office of the Courts (AOC) shall design and conduct
programs for the initial 10 hours of legal education, either alone or in collaboration with
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other agencies or entities.
(3) Following completion of the initial 10 hours of legal education, continuing legal
education (CLE) shall include at least 4 hours per year related to representation in
dependency-neglect cases which may include, but is not limited to, the subject categories
listed in (b)(1). The 4 hours of CLE may be in any one of the specified categories in (b)(1)
or in any combination thereof.
(4) Both the initial 10 hours of education and the 4 hours of CLE shall be certified
in accordance with the rules and regulations promulgated by the Continuing Legal
Education Board. All educational hours shall be calculated with reference to the CLE
reporting period of July 1 through June 30, as utilized for general CLE credit by the
Continuing Legal Education Board. The CLE hours for attorneys may not be carried over
from one CLE year to the next.
(5) An attorney who is qualified for court appointment in dependency-neglect cases
but who fails to acquire 4 hours of CLE required by June 30 of any year shall be subject to
the pertinent compliance dates of Rule 5.(D) of the Arkansas Rules and Regulations for
Minimum Continuing Legal Education. In accordance with Rule 5.(D), attorneys who sign
an acknowledgment deficiency by August 31, and obtain their 4 hours by December 1 shall
remain qualified. However, such attorneys shall not be subject to the provisions of Section
5 of the Regulations for Minimum Continuing Legal Education.
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(6) When an attorney is seeking to complete the 4-hour CLE requirement between
June 30 and December 1 for the previous CLE year, he or she may remain as attorney on
any pending cases for which appointment was made when the attorney was in compliance
with the educational requirements. However, that attorney shall not accept appointment to
any new cases until he or she is in full compliance with the CLE requirements.
(7) An attorney who fails to complete 4 hours of CLE by December 1 is no longer
qualified for court appointment in dependency-neglect cases. His or her name shall be
removed from the list of qualified attorneys that is maintained and distributed to the trial
courts by the AOC. Such attorney can become qualified again only by completing 10 hours
of CLE in the categories required for initial qualification.
(8) Attorneys in compliance with the educational qualifications as an attorney ad
litem for dependency-neglect cases as of July 1, 2001 shall be deemed to have met the initial
educational qualifications to represent parents in dependency-neglect cases.
c. Clinical prerequisite for new appointments in dependency-neglect cases. The
Directors of the Attorney Ad Litem Program and Parent Counsel Program shall establish an
individualized clinical prerequisite commensurate with each individual attorney=s experience
that may include but is not limited to participation in staffings, mediation and hearings with
an experienced attorney, and assigning an experienced attorney as mentor to the new
attorney. Each attorney shall have a documented clinical plan approved by an attorney
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program director in their dependency-neglect qualification file.
(1) Attorneys ad litem: Assistance in representation of a child with an experienced
attorney in the following hearings:
Emergency;
Adjudication/Disposition;
Review;
Permanency Planning; and
Termination of Parental Rights.
(2) Parent counsel: Assistance in representation of a parent with an experienced
attorney in the following hearings:
Emergency;
Adjudication/Disposition;
Review;
Permanency Planning; and
Termination of Parental Rights.
Section 2. Standards of practice for attorneys ad litem in dependency-neglect cases.
a. An attorney ad litem shall conduct personally or in conjunction with a trained Court
Appointed Special Advocate (CASA) volunteer an independent investigation consisting of
review of all relevant documents and records including but not limited to: police reports,
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DCFS records, medical records, school records, and court records. The ad litem shall
interview the child, and in conjunction with a trained CASA volunteer, when one has been
appointed, shall interview the parents, foster parents, caseworker, service providers, school
personnel and others having relevant knowledge to assist in representation. Continuing
investigation and regular contact with the child are mandatory. The attorney ad litem shall
provide his or her clients and/or his or her client=s caregivers, the attorney=s contact
information and shall respond promptly to all contacts concerning his or her client,
understanding that traditional methods of communication may vary depending on the
client=s age and ability.
b. An attorney ad litem shall determine the best interest of a child by considering
such factors as the child's age and sense of time, level of maturity, culture and ethnicity,
degree of attachment to family members including siblings; as well as continuity,
consistency, and the child's sense of belonging and identity.
c. An attorney shall make earnest efforts to attend all case staffings and court-ordered
mediation conferences. and to meet with his or her client prior to every hearing. Absent
reasonable cause, the attorney shall directly communicate with his or her client and/or his
or her client=s caregiver prior to the date of each hearing. An attorney ad litem shall appear
at all hearings to represent the best interest of the child. All relevant facts should be presented
to the court and if the child's wishes differ from the ad litem's determination of the child's
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best interest, the ad litem shall communicate the child's wishes to the court.
d. An attorney ad litem shall explain the court proceedings and the role of the ad
litem in terms that the child can understand.
e. An attorney ad litem shall advocate for specific and appropriate services for the
child and the child's family.
f. An attorney ad litem shall monitor implementation of case plans and court orders.
g. An attorney ad litem shall file appropriate pleadings on behalf of the child.
h. An attorney ad litem shall review the progress of the child's case and shall advocate
for timely hearings.
i. An attorney ad litem shall request orders that are clear, specific, and, where
appropriate, include a time line for assessment, services, placement, treatment and evaluation
of the child and the child's family.
j. Attorney-client or any other privilege shall not prevent the ad litem from sharing
all information relevant to the best interest of the child with the court.
k. An attorney ad litem, functioning as an arm of the court, is afforded immunity
against ordinary negligence for actions taken in furtherance of his or her appointment.
l. An attorney ad litem shall participate in 10 hours of initial legal education prior to
appointment and shall participate in 4 hours of CLE each year thereafter.
m. An attorney ad litem shall identify any potential or actual conflict of interest that
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would impair his or her ability to represent a client. The attorney shall notify the court as
soon as practical of such conflict to allow the court to appoint another attorney for the client
or for the client to retain counsel prior to the next hearing.
n. A full-time attorney shall not have more than 75 dependency-neglect cases, and a
part-time attorney shall not have more than 25 dependency-neglect cases. Any deviations
from this standard must be approved by the Administrative Office of the Courts which shall
consider the following, including but not limited to: the number of counties and geographic
area in a judicial district, the experience and expertise of the attorney ad litem, area
resources, the availability of CASA volunteers, the attorney's legal practice commitments
and the proportion of the attorney's practice dedicated to representing children in
dependency-neglect cases, the availability of qualified attorneys in the geographic area, and
the availability of funding. An attorney who is within 5 cases of reaching the maximum
caseload shall notify the Administrative Office of the Courts and the Juvenile Division Judge.
o. An attorney shall not accept appointment of any case for which he or she cannot
devote the requisite amount of time to comply with the above Standards of Practice and the
Model Rules of Professional Conduct.
Section 3. Standards of practice for attorneys appointed by the court to represent parents in
dependency-neglect cases.
a. An attorney shall conduct a review of all relevant documents and records including but
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not limited to: police reports, DCFS records, medical records, and court records. An
attorney shall interview all people having relevant knowledge to assist in representation,
including but not limited to the investigator, OCC attorney or DCFS case worker, and
service providers.
b. The attorney shall provide his or her clients the attorney=s contact information and
shall respond promptly to all contacts concerning his or her client. An attorney shall make
earnest efforts to attend all case staffings and court-ordered mediation conferences and to
meet with his or her client prior to every hearing. Absent reasonable cause, the attorney
shall directly communicate with his or her client prior to the date of each hearing. An
attorney shall attend all dependency-neglect court hearings until the case is closed or his or
her client's parental rights have been terminated.
....
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