Public policy regarding attorney guardian ad litem -- Training.

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  • (1) An attorney guardian ad litem may not presume that a child and the child's parent are adversaries.
  • (2) An attorney guardian ad litem shall be trained on and implement into practice:
    • (a) the parental rights and child and family protection principles provided in Section 62A-4a-201;
    • (b) the fundamental liberties of parents and the public policy of the state to support family unification to the fullest extent possible;
    • (c) the constitutionally protected rights of parents, in cases where the state is a party;
    • (d) the use of a least restrictive means analysis regarding state claims of a compelling child welfare interest;
    • (e) the priority of maintaining a child safely in the child's home, whenever possible;
    • (f) the importance of:
      • (i) kinship placement, in the event the child is removed from the home; and
      • (ii) keeping sibling groups together, whenever practicable and in the best interests of the children;
    • (g) the preference for kinship adoption over nonkinship adoption, if the parent-child relationship is legally terminated;
    • (h) the potential for a guardianship placement if the parent-child relationship is legally terminated and no appropriate adoption placement is available; and
    • (i) the use of an individualized permanency plan, only as a last resort.
  • (3) The office shall implement policies and practice guidelines that reflect the priorities described in Subsections (2)(e) through (i) for the placement of children.




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