Notice Of Guardian Ad Litem Re Childs Attnedance At Hearing {10-570.1}

10-570.1 Notice of guardian ad litem regarding child222s attendance at hearing. STATE OF NEW MEXICOCOUNTY OF JUDICIAL DISTRICTIN THE CHILDREN222S COURTSTATE OF NEW MEXICO ex rel.CHILDREN, YOUTH AND FAMILIES DEPARTMENTNo. In the Matter of, (a) Child(ren), and Concerning , Respondent(s).NOTICE OF GUARDIAN AD LITEM REGARDING CHILD222S ATTENDANCE AT HEARING1I, , the guardian ad litem for (nameof child) in the above cause, give notice of the following:1.I [have] [have not] met with the child prior to the (type ofhearing) on (date) as required by Section 32A-1-7(E)(1) NMSA 1978.[The following circumstances render such a meeting unreasonable: ]2.I [have] [have not] interviewed the child, to the maximum extent possible giventhe child222s developmental capacity, prior to the (type of hearing) on (date) as required by Section 32A-1-7(E)(1) NMSA 1978. [The followingcircumstances render such an interview unreasonable: ]3. To the maximum extent possible given the child222s developmental capacity, I[have] [have not] advised the child that, unless the court makes a determination that attendance isnot in the child222s best interest, the child has a right to attend the hearing on (date) because the child is a party to the case and because the court may bemaking decisions regarding the child222s placement, education, and case plan.24.I [have] [have not] talked to the child about what the child would like the court toknow regarding the child222s position on issues related to his/her best interest.3 5.(Choose one of the following)[ ]The child wishes to attend the hearing on (date). American LegalNet, Inc. www.FormsWorkFlow.com OR[ ]The child does not wish to attend the hearing on (date).OR[ ]Given the child222s developmental capacity, the child cannot express a wish aboutwhether to attend the hearing on (date). 6. I believe it [is] [is not] in the best interest of the child to attend the hearingbecause: 7.(Choose one of the following)[ ] The child will attend the hearing and [will] [will not] need theDepartment to arrange transportation for the child to attend the hearing.OR[ ]The child, being fully advised of the child222s right to attend this hearing, will notattend this hearing. [The child requests leave to present the child222s wishes to the Court regarding and would like to present this information by (describe method of alternativeparticipation). The child requests leave to communicate with the court in this manner because.]48.I [have] [have not] advised the child that the child has the right to attend anyfuture hearings in this case regardless of the child222s choice to attend the hearing on (date). I certify that I have taken the steps outlined in this notice, and I am satisfied that the childunderstands his or her right to attend the hearing to the maximum extent possible given thechild222s developmental capacity.5 Guardian ad litemUSE NOTE1.Under Rule 10-324(D) NMRA, a child under fourteen (14) years of age may beexcluded from a hearing if the court finds that it is not in the child222s best interest to attend. Seealso NMSA 1978, 247 32A-4-20(E). This form and Rule 10-325.1 NMRA are intended to ensurethat the child222s lawyer (1) notifies the child in a timely manner of the child222s right to attend each American LegalNet, Inc. www.FormsWorkFlow.com hearing; (2) notifies the court and the children222s court attorney of a request to arrangetransportation for the child to attend the hearing; and (3) considers whether an alternative form ofparticipation may be warranted.2.The child is a party to an abuse and neglect proceeding and therefore has a right toattend any hearing in the case. See Rule 10-121(B)(3) NMRA; see also Standards of Practice forLawyers Who Represent Children in Abuse and Neglect Cases 247 D-5 cmt. at 11 (Am. Bar Ass222n1996) (223A child has the right to meaningful participation in the case.224). A guardian ad litemtherefore must notify the child of the right to attend and must consult with the child aboutwhether attendance at a particular hearing is in the child222s best interests. See NMSA 1978, 24732A-1-7(D), (E)(1). The child222s attendance should be the norm, rather than the exception. SeeStandards of Practice, supra, 247 D-5 (223In most circumstances, the child should be present atsignificant court hearings, regardless of whether the child will testify.224). The guardian ad litem222sposition about whether attending some or all of the hearing is in the child222s best interests shouldtake into consideration factors such as the subject matter of the hearing, the potential to causetrauma to the child, and the child222s physical, cognitive, and emotional development.3.Interviewing the child may not be appropriate given the child222s developmentalcapacity. When that is the case, interviewing the child222s caregiver is especially critical todetermining the child222s best interests. Accord Performance Standards for Court-AppointedAttorneys in Child Abuse & Neglect Cases; Guardian ad litem (GAL) 247 3 (N.M. Sup. Ct. OrderNo. 11-8500, effective May 23, 2011), https://s3.amazonaws.com/realfile3016b036-bbd3-4ec4-ba17-7539841f4d19/d000e35b-fc82-4e3f-af81-dbc380b069a1?response-content-disposition=filename%3D%22New+Mexico+Attorney+Standards.16.pdf%22&response-content-type=application%2Fpdf&AWSAccessKeyId=AKIAIMZX6TNBAOLKC6MQ&Signature=gO2Op2PKRLFuGBN%2BrfqCtfTlfUw%3D&Expires=1478729214 (223The GAL meets with the childand the child222s caregiver in advance of . . . hearings . . . and other court proceedings to ascertainthe need for witnesses or other evidence to be presented[.]224); Candice L. Maze, Advocating forVery Young Children in Dependency Proceedings: The Hallmarks of Effective, EthicalRepresentation 20 (Am. Bar Ass222n 2010), http://www.americanbar.org/content/dam/aba/migrated/child/PublicDocuments/ethicalrepfinal1010.authcheckdam.pdf (223Because babies,toddlers, and most preschoolers are not verbal enough to describe what is taking place in theirhome environments, advocates must visit their very young child client wherever he spendsconsiderable time227foster home, grandparents222 house, parents222 home, child care centers, earlyeducation/preschools.224).4.The bracketed language is intended to allow the child to request leave to submitinformation to the court that is unrelated to the substantive allegations of abuse and neglect in thepetition. Such information may include updating the court about the child222s well-being, includingrecreational, extracurricular, or school-related activities and interests, and may be presented vialetter, video or audio recording, or any other manner that does not require the child222s presence inthe courtroom. If the child wishes to offer information related to the substantive allegations in thepetition without appearing in court, the child must file a motion for alternative testimony asprovided by Rule 10-340 and Form 10-571 NMRA.5.This form describes the minimum efforts necessary to effectively communicatewith the child before a hearing and does not supplant the lawyer222s continuing duty tocommunicate with the child. See Rule 16-104 NMRA (defining a lawyer222s duty to communicatewith a client); Rule 16-114 (A) NMRA (providing that a lawyer shall as far as reasonably American LegalNet, Inc. www.FormsWorkFlow.com possible, maintain a normal lawyer-client relationship with a client with diminished capacity);see also NMSA 1978, 247 32A-1-7 (providing that the child222s guardian ad litem, among otherduties, shall meet with and interview the child prior to hearings under the Abuse and Neglect Actand, after consultation with the child, shall convey the child222s position to the court at everyhearing). Additional communication may be necessary after this notice is filed to ensure that thechild222s rights are protected. For example, a lawyer should review with the child thepredisposition study and report required under NMSA 1978, 247 32A-4-21, which is not due to thecourt until five (5) days before a dispositional hearing, to determine whether the report affects thechild222s position about attending the hearing. [Approved by Supreme Court Order No. 17-8300-019, effective for all cases filed or pending onor