| State |
Form of Representation* |
Statute |
Summary |
| Alabama |
|
| Ala. Code § 12-15-63 (LexisNexis 2005); Ala. Code § 26-14-11 (LexisNexis 2005) |
|
|
| Alaska |
|
| Alaska Stat. § 47.10.050(a) (2006) |
|
| May appoint either an attorney or GAL. |
|
| Arizona |
|
| Ariz. Rev. Stat § 8-221(A), (I) (LexisNexis 2006) |
|
| Child is guaranteed an attorney. Attorney or CASA may serve as GAL. |
|
| Arkansas |
|
| Ark. Code Ann. § 9-27-316(f)(1), (f)(5)(b)-(g)(1) (2006) |
|
| Attorney serves as GAL. If child's wishes differ from GAL, attorney ad litem must communicate juvenile's wishes as well as his/her determination of child's best interest. |
|
| California |
|
| Cal. Welf. & Inst. Code § 326.5 |
|
| Attorney or CASA may serve as GAL. |
|
| Colorado |
|
| Colo. Rev. Stat. § 19-3-203(1) (2005) |
|
|
| Connecticut |
|
| Conn. Gen. Stat. § 46b-129a (2006) |
|
| Attorney serves as GAL. If child's wishes differ from Attorney-GAL, another GAL may be appointed and the original Attorney-GAL will serve only as counsel. |
|
| Delaware |
|
| Del. Code Ann. tit. 13, § 701(c) (2006) |
|
| Attorney or CASA serves as GAL. An attorney may also be appointed to represent the child's wishes. |
|
| District of Columbia |
|
| D.C. Code Ann. §§ 16-2304(b)(5), -2372(b) (LexisNexis 2006) |
|
|
| Attorney serves as GAL. Court may also appoint CASA. |
|
| Florida |
|
| Fla. Stat. Ann. § 39.822(1) (LexisNexis 2005) |
|
| GAL not required to be an attorney. No mention of an attorney. |
|
| Georgia |
|
| Ga. Code Ann. §§ 15-11-9(b), -6 (2006) |
|
|
| GAL not required to be an attorney. Attorney or CASA may serve as GAL. |
|
| Hawaii |
|
| Haw. Rev. Stat. Ann. § 587-34(c) (LexisNexis 2006) |
|
| GAL not required to be an attorney. In order to protect the child's interests, court may also appoint an attorney for the child. |
|
| Idaho |
|
| Idaho Code Ann. § 16-1614(1)-(2) (2006) |
|
| GAL not required to be attorney. An attorney may also be appointed. If not enough GAL's, then children < 12 appointed an attorney to act as GAL; > 12 appointed an attorney that may/may not act as GAL. |
|
| Illinois |
|
| 705 Ill. Comp. Stat. Ann. § 405/2-17(1)(a)-(b) (LexisNexis 2005) |
|
| GAL not required to be an attorney. If GAL is not an attorney, the GAL will be appointed an attorney as well. |
|
| Indiana |
|
| Ind. Code Ann. §§ 31-33-15-1, 31-32-4-2(b) (LexisNexis 2006) |
|
| GAL not required to be an attorney. May appoint GAL, CASA, or both. May appoint attorney. |
|
|
| Iowa |
|
| Iowa Code § 232.89(2), (4)-(5) (2005) |
|
| Attorney required. Must also appoint GAL. Attorney may also be GAL, unless conflict between child's legal interest and best interest. |
|
| Kansas |
|
| Kan. Stat. Ann § 38-2205 (2007) |
|
| GAL required to be attorney. GAL or child must inform court if conflict and may request a second attorney to act as child's legal counsel. |
|
| Kentucky |
|
| Ky. Rev. Stat. Ann. § 620.100(1)(a),(1)(d) |
|
| Child is guaranteed an attorney. May also appoint CASA. |
|
| Louisiana |
|
| La. Child. Code Ann. art. 607(A) (2006) |
|
| Child is guaranteed an attorney. |
|
| Maine |
|
Me. Rev. Stat. Ann. tit. 22, § 4005(1)(A), (F) (2005) |
| GAL not required to be an attorney. GAL or child may request attorney for the child. |
|
| Maryland |
|
| Md. Code Ann., Cts. & Jud. Proc. § 3-813(d)(1), (e) (LexisNexis 2006) |
|
| Child is guaranteed an attorney. May also appoint CASA. |
|
| Massachusetts |
|
| Mass. Ann. Laws ch. 119, § 29 (LexisNexis 2006) |
|
| Child is guaranteed an attorney. May also appoint GAL. |
|
| Michigan |
|
Mich. Comp. Laws Serv. § 722.630 (LexisNexis 2006); Mich. Comp. Laws Serv. § 712A.17d(i) (LexisNexis 2006 |
| Attorney serves as GAL. If child's wishes differ from GAL, GAL must inform the court |
|
| Minnesota |
|
| Minn. Stat. § 260C.163(3)(b), (5)(a) (2005) |
|
|
| GAL not required to be an attorney. An attorney may be appointed if child is over the age of 10. |
|
| Mississippi |
|
| Miss. Code Ann. § 43-21-121(1)(e), (4) (2006) |
|
| GAL not required to be an attorney. If GAL is not an attorney, the child will be appointed an attorney as well. |
|
| Missouri |
|
| Mo. Rev. Stat. § 210.160(1), (5) (2005) |
|
| GAL not required to be an attorney. Non-attorney GAL shall have access to court appointed attorney-GAL. |
|
| Montana |
|
| Mont. Code Ann. §§ 41-3-112(1), -425(2)(b) (2005) |
|
|
| GAL not required to be an attorney. An attorney is also appointed. |
|
| Nebraska |
|
| Neb. Rev. Stat. Ann. § 43-272(1), (2)(e), (3) (LexisNexis 2005) |
|
| Attorney serves as GAL. Independent counsel will be appointed should special circumstances arise. |
|
| Nevada |
|
| Nev. Rev. Stat. Ann. §§ 432B.420(1), .500(1) (LexisNexis 2006) |
|
|
| GAL not required to be an attorney. An attorney may also appointed. |
|
| New Hampshire |
|
| N.H. Rev. Stat. Ann § 169-C:10(I)-(II)(a) (LexisNexis 2006) |
|
| GAL not required to be an attorney. CASA may also be GAL. If child's wishes differ from GAL, attorney may be appointed. |
|
| New Jersey |
|
| N.J. Rev. Stat. § 9:6-8.23(a) (2006) |
|
|
| New Mexico |
|
| N.M. Stat. Ann. § 32A-4-10(C) (LexisNexis 2006) |
|
| GAL not required to be an attorney. GAL appointed if child under 14. If over 14, appointed an attorney. |
|
| New York |
|
| N.Y. Fam. Ct. Act § 249 (Consol. 2006) |
|
| Law Guardian appointed if independent attorney is unavailable to child. |
|
| North Carolina |
|
| N.C. Gen. Stat. § 7B-601(a) (2006) |
|
| GAL not required to be an attorney. If GAL is not an attorney, the child will be appointed an attorney as well. |
|
| North Dakota |
|
| N.D. Cent. Code § 50-25.1-08 (2006) |
|
| GAL not required to be an attorney. |
|
| Ohio |
|
| Ohio Rev. Code Ann. § 2151.281(B)(1), (H) (LexisNexis 2006) |
|
| GAL not required to be an attorney. If GAL is not an attorney, the child may be appointed an attorney as well. |
|
| Oklahoma |
|
| Okla. Stat. tit. 10, § 7112(A)(1), (B) (2005) |
|
| Attorney represents expressed interests of the child; GAL or CASA may be appointed to represent the child's best interest |
|
| Oregon |
|
| Or. Rev. Stat. § 419A.170(1), (3) (2006); Or. Rev. Stat. § 419B.195 (2006) |
|
| CASA appointed. If no CASA available, social worker appointed. Child may also request an attorney. |
|
| Pennsylvania |
|
| 42 Pa. Cons. Stat. § 6311 (2005) |
|
|
| Rhode Island |
|
| R.I. Gen. Laws § 40-11-14 (2006) |
|
| GAL not required to be an attorney. GAL or CASA may be appointed. If requested, counsel may be appointed at court's discretion. |
|
| South Carolina |
|
| S.C. Code Ann. §§ 20-7-110(1), -122(1), (5) (2005) |
|
| Child is guaranteed an attorney. GAL must also be appointed. GAL promotes best interest and reports child's wishes to the court. |
|
| South Dakota |
|
| S.D. Codified Laws § 26-8A-18 (2006) |
|
| Child is guaranteed an attorney that will represent his or her best interests. GAL or CASA may also be appointed. |
|
| Tennessee |
|
| Tenn. Code Ann. § 37-1-149 (2005) |
|
| GAL not required to be an attorney. CASA may also be appointed. |
|
| Texas |
|
| Tex. Fam. Code Ann. §§ 107.011(a), .012 (Vernon 2005) |
|
| Child is guaranteed an attorney. GAL must also be appointed. Attorney may serve as GAL in dual role. |
|
| Utah |
| Discretionary Attorney-GAL |
|
| Utah Code Ann. § 78-7-9(1) (2006) |
|
| In cases where a GAL is appointed, attorney serves as GAL. |
|
| Vermont |
|
| Vt. Stat. Ann. tit. 33, § 5525 (2006) |
|
| GAL or attorney may be appointed if court feels it necessary. |
|
| Virginia |
|
| Va. Code Ann. § 16.1-266(A) (2006) |
|
|
| Washington |
|
| Wash. Rev. Code Ann. § 13.34.100(1), (6) (LexisNexis 2006) |
|
| GAL not required to be an attorney. If child requests an attorney and is over 12, or GAL or judge determines child needs attorney, court may appoint an attorney. |
|
| West Virginia |
|
| W. Va. Code Ann. § 49-6-2(a) (LexisNexis 2006) |
|
| Child is guaranteed an attorney. |
|
| Wisconsin |
|
| Wis. Stat. § 48.23(3m), .235(2), .236(1) (2006) |
|
| Attorney appointed if child is over age of 12. GAL may be appointed if child is under 12 instead of attorney. GAL must be an attorney. CASA may also be appointed. |
|
| Wyoming |
|
| Wyo. Stat. Ann. §§ 14-3-211(a) (2006) |
|
| Attorney serves as GAL. Separate GAL may be appointed - attorney will still represent the child's best interests. |
|
