15-11-402. Right to attorney and appointment of guardian ad litem.

The court shall appoint an attorney for a child alleged to be a child in need of services.#

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.#

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.#

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.#

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.#

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. (1)

   Obtain and employ an attorney of his or her own choice; or#

2. (2)

   To obtain a court appointed attorney if the court determines that such child is an indigent person.#