SLR 21-8.115: APPOINTMENT OF COUNSEL FOR MINOR CHILD(REN)

The procedure for appointment of counsel for minor children in cases arising under ORS Chapters 107-109 is as follows: (1) In its sole discretion, the court may appoint counsel for the child(ren) on its own motion with or without prior notice to the parties. (2) A party who seeks such appointment on the party’s own motion or who forwards the request from a child shall ensure that the motion or request is filed with the court and served on all parties. (3) The court will define whether the representation is “traditional advocacy” or “best interests” representation. The attorney for the child(ren) is expected to be familiar with the Twenty-First Judicial District, Benton County Circuit Court Page 13 of 22 contents of the American Bar Association “Standards for Representation of Children”, and the Oregon State Bar Association “Specific Standards for Representation in Juvenile Dependency Cases.” (4) Prior to appointment, whether by the court or by motion of a party, the parties shall be provided opportunity to stipulate to an identified attorney, the type and scope of representation, and method of compensation. If the parties are unable to agree, the court will determine those issues. (5) No appointment order will be issued until the child(ren)’s counsel has agreed to accept such appointment upon the terms set forth. Orders appointing counsel shall contain provisions establishing the type and scope of representation and shall further direct the payment of attorney fees and terms for payment. (6) The parents or person having physical custody of the child shall make the child(ren) reasonably available to the attorney as requested and are not to monitor the child(ren)’s communication with the attorney or to question the child(ren) about the nature or substance of the communication. (7) The attorney for the child(ren) shall be permitted to question witnesses, present evidence, and provide argument at any hearing or trial regarding the child(ren).