Georgia CommonsTitle 15. COURTS · Chapter 11. JUVENILE CODE · Article 4. TERMINATION OF PARENTAL RIGHTS · Part 1. GENERAL PROVISIONS
15-11-262. Right to attorney and appointment of guardian ad litem.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
A child and any other party to a proceeding under this article shall have the right to an attorney at all stages of the proceedings under this article.#
- (b)
The court shall appoint an attorney for a child in a termination of parental rights proceeding. The appointment shall be made as soon as practicable to ensure adequate representation of such child and, in any event, before the first court hearing that may substantially affect the interests of such child.#
- (c)
A child’s attorney owes to a child the duties imposed by the law of this state in an attorney-client relationship.#
- (d)
The court shall appoint a guardian ad litem for a child in a termination proceeding; 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.#
- (e)
The court shall appoint a CASA to serve as guardian ad litem whenever possible, and a CASA may be appointed in addition to an attorney who is serving as a guardian ad litem.#
- (f)
The role of a guardian ad litem in a termination of parental rights proceeding shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter.#
- (g)
If an attorney or guardian ad litem has been appointed to represent a child in a prior proceeding under this chapter, the court, when possible, shall appoint the same attorney to represent such child in any subsequent proceeding.#
- (h)
An attorney appointed to represent a child in a termination proceeding shall continue the representation in any subsequent appeals unless excused by the court.#
- (i)
Unless authorized by the court, neither a child or a representative of a child may waive the right to any attorney in a termination proceeding.#
- (j)
A party other than a child shall be informed of his or her right to an attorney prior to the adjudication hearing and prior to any other hearing at which a party could be subjected to the loss of residual parental rights. A party other than a child shall be given an opportunity to:#
History
Code 1981, § 15-11-262, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-16/SB 364.
Cross references
Cases in which public defender representation required; timing of representation; juvenile divisions; contracts with local governments, O.C.G.A. § 17-12-23.
Law reviews
For article, ‘‘A Child’s Right to Legal Representation in Georgia Abuse and Neglect Proceedings,’’ see 10 Ga. St. B. J. 12 (2004). For article addressing formal advisory opinion on attorney serving as guardian ad litem and legal counsel in a termination of parental rights proceeding, see 15 (No. 7) Ga. St. B. J. 88 (2010). For comment, ‘‘Seen But Not Heard: Advocating for the Legal Representation of a Child’s Expressed Wish in Protection Proceedings and Recommendations for New Standards in Georgia,’’ see 48 Emory L. J. 1431 (1999).
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t15-ch1-11a-(v13)-2020-pdf.pdf, Volume V13, 2020 edition, pages 965 to 966; merge action: annotated; file SHA-256 1f1f034443c3.
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