Supreme Court of Arkansas
Delivered December 9, 1999
PER CURIAM.
Act 708 of 1999 established a program for the appointment and payment of attorneys ad litem in chancery court cases and guardianship cases where custody is an issue. The Act further provided that the Arkansas Supreme Court, with the advice of chancery and probate judges, adopt standards of practice and qualifications for service for all attorneys who seek to be appointed to provide legal representation for children in chancery court cases and guardianship cases where custody is an issue.
Toward that end, proposed qualifications and standards of practice for attorney ad litem appointments in chancery court cases and guardianship cases have been drafted, and comment has been sought and received from the chancery and probate judges. The proposal has also been reviewed by the Judicial Council’s Committee on Ad Litem Representation in Chancery Courts.
We commend the Committee for its work and its dedication to improving chancery court and guardianship proceedings where custody is an issue. Having considered the proposed qualifications and standards of practice and the chancery and probate judges’ comments, we adopt the following qualifications and standards of practice for attorneys ad litem who represent children in chancery court cases and guardianship cases where custody is an issue, effective April 1, 2000.
Qualifications and Standards of Practice for Attorneys Ad Litem in Chancery Court Cases and Guardianship CasesQualifications for Appointment
1. Licensed attorney in good standing with the Arkansas Supreme Court
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2. Education to include training of not less than ten (10) hours (live or video tape) prior to appointment. Prerequisite training to include but not be limited to:
a. Child development;
b. Ad litem roles and responsibilities, including ethical considerations;
c. Relevant substantive state, federal and case law;
d. Custody and visitation; and
e. Family dynamics, including substance abuse, domestic abuse, and mental health issues.
Standards of Practice
1. An attorney ad litem shall conduct an independent investigation consisting of review of all relevant documents and records. The ad litem shall interview the child, parents, and others having relevant knowledge to assist in representation. Continuing investigation and regular contact with the child during the pendency of the action are mandatory. Upon entry of a final order, the attorney ad litem’s obligation to represent the minor child shall end, unless directed otherwise by the court.
2. An attorney ad litem shall determine the best interest of a child by considering such custody criteria as:
a. Moral Fitness factors: integrity, character, compassion, sobriety, religious training and practice, a newly acquired partner regarding the preceding elements;
b. Stability factors: emotional stability, work stability, financial stability, residence and school stability, health, partner stability;
c. Love and Affection factors: attention given, discipline, attitude toward education, social attitude, attitude toward access of the other party with the child, and attitude toward cooperation with the other party regarding the child’s needs;
d. Other Relevant Information regarding the child such as stated preference, age, sex, health, testing and evaluation, child care arrangements; and regarding the home such as its location, size, and family composition.
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3. An attorney ad litem shall appear at all hearings to represent the best interest of the child. All relevant facts should be presented to the court and if the child’s wishes differ from the ad litem’s determination of the child’s best interest, the ad litem shall communicate the child’s wishes to the court, as well as the recommendations of the ad litem.
4. An attorney ad litem shall file appropriate pleadings on behalf of the child, call witnesses, participate fully in examination of witnesses, present relevant evidence, and advocate for timely hearings.
5. An attorney ad litem shall explain to the child the court proceedings and the role of the ad litem in terms that the child can understand.
6. An attorney ad litem shall make recommendations to the court for specific and appropriate services for the child and the child’s family. All recommendations shall likewise be communicated to the attorneys for the parties, or if a party is pro se, then to the party.
7. An attorney ad litem shall not be prevented by any privilege, including the lawyer-client privilege, from sharing with the court all information relevant to the best interest of the child.
8. An attorney ad litem shall participate in prerequisite education prior to appointment which shall include ten (10) hours of training and shall participate in four (4) hours of annual continuing education in the areas of child development, custody and visitation, family dynamics and other areas affecting the child and family.
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