Opinion
Opinion delivered March 30, 2000
Act 708 of 1999 established a statewide system of contracts for attorneys ad litem and provided that the Arkansas Supreme Court adopt standards of practice and qualifications for service for all attorneys who seek to receive contracts to provide legal representation to children in dependency-neglect proceedings. Qualifications and Standards of Practice for Attorneys ad Litem in dependency-neglect cases were adopted in a per curiam order dated June 24, 1999, to be effective January 1, 2000.
Act 708 of 1999 also established a program for the appointment and payment of attorneys ad litem in chancery court cases and guardianship cases where custody is an issue and provided that the Arkansas Supreme Court, with the advice of chancery and probate judges, adopt standards of practice and qualifications for service for all attorneys who seek to be appointed to provide legal representation for children in chancery court cases and guardianship cases where custody is an issue. Qualifications and Standards of Practice for Attorneys ad Litem in chancery and guardianship cases were adopted in a per curiam order dated December 9, 1999, to be effective April 1, 2000.
Implementation of the standards and qualifications requirements have brought to light some necessary clarifications and amendments to those per curiam orders. Therefore, we adopt the following amendments to be effective immediately and republish the applicable portions of our per curiam orders of June 24, 1999 and December 9, 1999, as follows:
Section IV under the title "Qualifications for Attorneys ad Litem in Dependency-Neglect Cases" in the per curiam order dated June 24, 1999 shall be amended to read:
"Continuing education to include at least four hours per year related to ad litem representation in dependency-neglect cases. It is required that the prerequisite education prior to appointment and the annual continuing education be certified as continuing legal education in accordance with the rules and regulations promulgated by the Continuing Legal Education Board. Both the initial 10 hours of specialized training required prior to appointment and the four hours per year continuing education shall be calculated with reference to the fiscal year utilized for accounting for general CLE credit by the Continuing Legal Education Board. The annual continuing education hours may not be carried over beyond the current fiscal year utilized for accounting for general CLE credit by the Continuing Legal Education Board."
Paragraph 2 under the section entitled "Qualifications for Appointment" in the per curiam order dated December 9, 1999 shall be amended to read as follows:
"Education to include training of not less than ten (10) hours (live or video tape) within the last two years prior to appointment. Prerequisite training to include but not be limited to:
a. Child development
b. Ad litem roles and responsibilities, including ethical considerations;
c. Relevant substantive state, federal and case law;
d. Custody and visitation; and
e. Family dynamics, including substance abuse, domestic abuse, and mental health issues."
Paragraph 8 under the section entitled "Standards of Practice" in the per curiam order dated December 9, 1999, shall be amended to read as follows:
"An attorney ad litem shall participate in prerequisite education prior to appointment which shall include ten (10) hours of training and shall participate in four (4) hours of annual continuing education in the areas of child development, custody and visitation, family dynamics and other areas affecting the child family. It is required that the prerequisite education prior to appointment and the continuing education be certified as continuing legal education in accordance with the rules and regulations promulgated by the Continuing Legal Education Board. Both the initial 10 hours of specialized training required prior to appointment and the four hours per year continuing education shall be calculated with reference to the fiscal year utilized for accounting for general CLE credit by the Continuing Legal Education Board. The annual continuing education hours may not be carried over beyond the current fiscal year utilized for accounting for general CLE credit by the Continuing Legal Education Board."