008-2 Wyo. Code R. §§ 2-2 - Role of attorney guardian ad litem

(a) The attorney guardian ad litem hybrid model is the model referred to whenever "attorney guardian ad litem" is set forth herein. This model provides an attorney to represent the child and instructs the attorney to represent the child's "best interests." Rather than taking direction from the client, as is the case in traditional attorney representation of adults, the attorney guardian ad litem is charged with forming the client's position by using his/her own judgment as to the child's "best interests." The attorney guardian ad litem is required to consider the child's wishes and preferences when determining the child's best interests, but he or she is not bound by them as in the traditional attorney-client relationship. If the attorney guardian ad litem determines that the child's expressed preference is not in the best interests of the child, both the child's wishes and the basis of the attorney guardian ad litem's disagreement must be presented to the court.

(b) Client Preferences. The attorney guardian ad litem should elicit the child's preferences in a developmentally appropriate manner, advise the child, and provide guidance, including explaining to the child what recommendations the GAL is going to make and why she is making them.

(i) The guardian ad litem should ensure the child's ability to express his preferences by structuring all communications to account for the individual child's age, developmental level, level of education, cultural context, disability if any, and degree of language acquisition.

(c) As counselor and advisor to the child, the GAL should provide the child with an informed understanding of the child's legal rights and obligations and explain their practical implications. The GAL should explain all aspects of the case and provide comprehensive counsel and advice on the advantages and disadvantages of different case options to assist the child in identifying case goals and making informed decisions. During these discussions, the GAL should address the child's legal rights and interests as well as issues regarding the child's safety, health and welfare.

(d) If the child is pre-verbal or unable to communicate their preferences, the determination of the child's legal interests should be based on the laws that are related to the purposes of the proceedings; the child's specific needs and objective best interests determination; the goal of expeditious resolution of the case so the child can remain or return home or be placed in a safe, nurturing, and permanent environment; and the use of the least restrictive alternatives available and appropriate for the child.

Notes

008-2 Wyo. Code R. §§ 2-2