A Response to the Recommendations of the UNLV Conference: Another Look at the Attorney/Guardian Ad Litem Model

The UNLV Conference provided the opportunity for child welfare advocates across the country to meet and discuss issues surrounding the representation of children in the child welfare system. Many thoughtful recommendations were made about raising the quality of representation that children are receiving. The Office of the Cook County Public Guardian strongly agrees that children should have an attorney in abuse, neglect, delinquency and other proceedings, however, we do not agree with the recommendation that the role of counsel be limited to a client-directed model. While the Recommendations recognize that younger children may not have the capacity to direct the course of the representation, the conference's finding that children older than seven would usually have the capacity to direct the litigation is not supported by the experience and knowledge that the Office of the Public Guardian has gained over the last twenty years.1 In our experience, the functions of the guardian ad litem are a crucial component of representing children, in order to ensure that the best interests of the child are advanced. Moreover, an absolute age rule does not recognize the uniqueness of every child and the uniqueness of each child's situation. Representing children in child protection cases is as rewarding as it is difficult. The attorney-client relationship may last for years as the children's cases wind through the court system. Over the years, the children and the issues affecting their lives change. Because children's capacity changes with their age, their life experiences, their education, and the nature of the decisions that they are being asked to consider, the role of their attorney must also change. Every case is not only unique, but also constantly changing with the child, and lawyers must be able to adapt and serve accordingly. The attorney/