008-2 Wyo. Code R. §§ 2-4 - Qualifications and training
(a) Before the Office
may contract with an attorney to provide attorney guardian ad
litem services for the Program, the attorney must satisfy certain
minimum training qualifications in addition to the requirements set forth by
these Rules above.
(b) The Program
will contract with and employ attorneys only from the ranks of qualified
attorneys. Contracts, employment, appointments and assignments will not be made
without regard to prior training or practice. Competence requires relevant
training and experience. Attorneys assigned as attorney guardians ad
litem pursuant to these Rules and the Program shall be subject to all of
the rules and standards of the legal profession.
(i)
Initial training. A lawyer
shall not be qualified for an initial contract, employment, appointment or
assignment (for placement on the GAL Panel) pursuant to these Rules and the
Program unless the attorney has received within the two (2) years prior to
applying for certification with the Program, ten (10) or more live hours of child
related training accredited by the Wyoming State Bar, or the attorney otherwise
provides evidence acceptable to the Deputy Director that he or she has recent
training, experience, or both, which is reasonably equivalent.
(A) The Program Deputy Director will decide on
a case-by-case basis what constitutes "child-related training." The Deputy
Director may also require a specific training course or materials to qualify for
initial training.
(B) Any training
offered by the NACC or the Program constitutes child-related training.
(C) If an attorney is removed from the GAL
Panel after their initial training for a period of two (2) years or more, they
must again complete the required initial ten (10) hours of training before being
reinstated on the GAL Panel.
(D) This
paragraph does not apply to subsections (c) or (d) of Section
4,
below.
(E) The new contractor or
employee will also have to complete initial training to the satisfaction of the
Program Deputy Director upon their start with the Program.
(F) This paragraph also does not apply to the
law students supervised and practicing under faculty attorney supervisors at the
University of Wyoming College of Law Clinics. It does apply to the faculty
attorney supervisors.
(ii)
Continuing training. In order to remain on the GAL Panel and be
eligible for appointments, the attorney GAL shall obtain five (5) live hours of
continuing legal education per legal education reporting year. These five (5)
live hours shall be multidisciplinary, child-related training and relevant to an
appointment in Juvenile Court proceedings.
(A)
The Deputy Director has the additional authority and discretion to require all
Program GALs to obtain training in addition to the minimum five (5) hours of
continuing legal education when necessary.
(B) This paragraph also does not apply to the
law students supervised and practicing under faculty attorney supervisors at the
University of Wyoming College of Law Clinics. It does apply to the faculty
attorney supervisors.
(iii) In accordance with Child Abuse Prevention
and Treatment Act Reauthorization of 2010 (
P.L.
111-320 ), all GALs, before assignment to any case
shall have training on their role as a GAL in Wyoming and specific training on
"early childhood, child, and adolescent development."
(iv) All training shall be approved by the
Deputy Director based on the requirement that the GAL acquire sufficient
knowledge in a wide range of subject areas including but not limited to:
(A) All relevant federal and state laws,
regulations, policies, rules, and relevant court decisions;
(B) Infant, young child, and adolescent
development needs and abilities, including the impact of trauma, mental health
disorders, and disability;
(C)
Developmentally appropriate interviewing and counseling skills;
(D) The role of the GAL in Wyoming and his or
her ethical responsibilities to the client;
(E) Racial disproportionality within the child
welfare system;
(F) Other biases that
operate within the child welfare system and the juvenile justice system that
could interfere with the ability of the GAL to successfully advocate for the
child's preferences and best interests;
(G) Cultural competency;
(H) The types of experts who can consult with
attorneys on various case issues;
(I)
Family dynamics and dysfunction such as domestic violence, substance abuse, and
mental health;
(J) The use of
relative and kinship care;
(K) Child
welfare, family preservation, and juvenile justice services available in the
community;
(L) The role and authority
of the Wyoming Department of Family Services and both public and private
organizations within the child welfare and juvenile justice system; and
(M) An awareness and appropriate level of
understanding of the ancillary legal systems and issues that impact children and
youth in the dependency and juvenile justice system, such as educational issues,
family law, offender matters, public benefits, immigration, child support,
guardianship, adoption, substance abuse, developmental disabilities, and mental
health disorders.
(c)
Successful completion of the
University of Wyoming College of Law's Children
and Law course
(or equivalent thereof). Any attorney who has, while in law school,
successfully completed the Children and the Law course at the University of
Wyoming College of Law, or an equivalent course there or at another ABA
accredited law school, will be deemed to have fulfilled the ten (10) hour initial
training set forth in paragraph (i). This shall apply retroactively. Proof of
this successful completion will be required in the form of an official certified
transcript from Law School.
(d)
Persons having successfully completed their second year of law school,
successfully completed at least one semester in the UW Law School Legal Services
or DV LAP Legal Clinics, and attended at least ten (10) hours of Program training
with the clinics and clinic faculty supervisors may count that training toward
the Program's requirement found in Section
4(b)(i), initial training.
Proof of these requirements will be required in the form of a letter from the
clinic faculty supervisor confirming these requirements were met. Nothing in
these Rules supersedes any State Bar licensing requirements or State Bar rules,
regulations, policies or procedures.
(e) The Program shall ensure annual Continuing
Legal Education (CLE) guardian ad litem training is available
for all interested attorneys.
Notes
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