After we entered the spacious courtroom, Dyer
inrroduced
me
ro
Ronald
appropriate time, her attorney ad litem, Ms.
"Your troubles go with you wherever you
Dyer, stood and told the court that she
gO."l
Mclaughlin, attorney for the Office of
agreed with the current disposition of the
Chief Counsel at rhe Arkansas Departmenr
case, and that she believed thar in the best
of Human Services. He was accompanied
interest of her client, she should remain wirh the assigned foster home. However,
by D.H.S. social workers.
I was also
ADVOCACY [S [N THE BEST INTEREST OF THE CH[LD This drama illustrates a critical differcnce
introduced to Ms. Melissa Greene, a CASA
because the client had some things she
between representation of a minor as
volunteer who would later testify in one of
wanted to share wirh rhe court, she was
the cases. The CASA volunteets are an impottam
calling her co testify. The courtroom was
attorney ad litem, and that of arrorneyclient. The ad litem's function is ro
cleared of everyone except the lawyers and
advocate what is in dle bcst inrcrest of the
facet of the juvenile justice system. They are not appointed in all of the cases, but when
other professionals. Family and foster family were ushered our at Ms. Dyer's
child. Because the best inrerest of rhe child is nor always what the child wishes, there
they are they play an important role. They get to know the child and the child's
requesr. Under
questions
allowing the court to know whar the
circumstances, the parents and foster
proffeted by Ms. Dyer, the teenager explained that she is an arhlete and wishes
difference is, as Ms. Dyer did so skillfully in
parents, and are encouraged to interview and assess anyone who has an impact on the well-being of the child. They are the eyes
She explai ned furrher that there were
lawyer to represent the child in a traditional
Five cases were heard the day I attended
problcms with her foster family. She was made to perform chores that others were
anorney-c1iem relationship. This conflicr has been the subject of numerous law
In only two was there a lawyer co
nor, and she was generally unhappy there.
journal articles. 2 The Arkansas Supreme
represent anyone other than D.H.S. or the child. One case involved an attractive, well-
She felr she was made to pay for time at the
Court by Adminisrrative Order Number IS
batting cage that the state should pay for. All of her babysitting money went for
simplified the conflicr by providing that "... if the child's wishes differ from the ad litem's
long, curly auburn hair and peaches and
athletic equipment and practice.
This
determinarion of the child's best inrcresr,
cream complexion. The child was a ward of
would not be so, she said, if she were
the ad litem shall communicatc thc child's wishes to the court."
and ears of the court. court.
dressed teenaged gitl.
She was tall, with
to
can be a conAicr. carefully
crafted
this case. In some situations this may require the court to appoinr an additional
be able to live with het softball coach.
the state because her mother was involved
allowed
with controlled substances. At sixteen the
anomey for D.H.S. stated that there was
plan was for her to be supported by the
money to pay for her softball expenses, but
1'0
live with her coach.
The
This is resolved by
AD LITEM-CH[LD RELATIONSH[P
juvenile system until she reaches her
that she was required to perform the
Another way the practice of the ad litem
majority. She was living with a therapeutic fostCt family that had several othet children.
assigned chores at her foster home before it could be paid. Judge Hanshaw ordered
is different from representation of an adulr
The hearing went smoothly. It began as a
D.H.S. to make an evaluation of the coach's
Gay said that when she was ad lirem for a
homc and set the case for a hearing on the
child in a domesric relarions custody
martel'. He also admonished the teenager,
dispute, she mighr rake the child to
periodic check-up, for the judge to be sure everything was as it should be. At an
client is the personal relationship. Donna
, Summary of Academic & Pl'Ofessio"af Experie"ce Registered Professional Engineer in 3 states.
9 )'car.i of experience as President of large dislribUlOr specializing in all l)-pe5
...
of safety ~uipment, major emphasis on metal (orming and stamping.
II )'cars of experience as President of company Invoh"ed in rep:l.lr and rewinding of c1ecuic
moton. :md manuf-aeturc. sales, installation and servicing of e1earical control panels (or Indl'-'ilry. ...
14 rears of experience with General Electric Co. in engineering and industrial $Ik~. Earnt.'d BS路 Electrical Engineering In 1947. Compleu:: curriculum vitae :md refcrc.ncc.."S on request.
Vol. 37 No. 4/Fall 2002
TI,e Arkansas la\'Yer
9