Right to Attorney and Appointment of Guardian Ad Litem

  1. Law
  2. Georgia Code
  3. Courts
  4. Juvenile Code
  5. Child in Need of Services
  6. Formal Court Procedures
  7. Right to Attorney and Appointment of Guardian Ad Litem

Checkout our iOS App for a better way to browser and research.

  1. The court shall appoint an attorney for a child alleged to be a child in need of services.
  2. The court may appoint a guardian ad litem for a child alleged to be a child in need of services at the request of such child's attorney or upon the court's own motion if it determines that a guardian ad litem is necessary to assist the court in determining the best interests of such child; provided, however, that such guardian ad litem may be the same person as the child's attorney unless or until there is a conflict of interest between the attorney's duty to such child as such child's attorney and the attorney's considered opinion of such child's best interests as guardian ad litem.
  3. The role of a guardian ad litem in a proceeding for a child in need of services shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter.
  4. If an attorney or a guardian ad litem has previously been appointed for a child in a dependency or delinquency proceeding, the court, when possible, shall appoint the same attorney or guardian ad litem for a child alleged to be a child in need of services.
  5. An attorney appointed to represent a child in a proceeding for a child in need of services shall continue representation in any subsequent appeals unless excused by the court.
  6. A child alleged to be a child in need of services shall be informed of his or her right to an attorney at or prior to the first court proceeding for a child in need of services. A child alleged to be a child in need of services shall be given an opportunity to:
    1. Obtain and employ an attorney of his or her own choice; or
    2. To obtain a court appointed attorney if the court determines that such child is an indigent person.

(Code 1981, §15-11-402, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-26/SB 364.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 78 et seq.

C.J.S.

- 43 C.J.S., Infants, §§ 172 et seq., 181.

U.L.A.

- Uniform Juvenile Court Act (U.L.A.) § 26.

ALR.

- Right to an appointment of counsel in juvenile court proceedings, 60 A.L.R.2d 691; 25 A.L.R.4th 1072.

Right of juvenile court defendant to be represented during court proceedings by parent, 11 A.L.R.4th 719.

Validity and efficacy of minor's waiver of right to counsel - modern cases, 25 A.L.R.4th 1072.


Download our app to see the most-to-date content.