The Arkansas Lawyer magazine Fall 2002

Page 11

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


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