Rule 8.091 - APPOINTMENT OF COUNSEL FOR CHILD(REN)The procedure for appointment of counsel for children in cases arising under ORS 107-109 shall be as follows:
(1) In its sole discretion, the court may appoint counsel for the children on its own motion with or without prior notice to the parties.(2) A party who seeks such appointment on the party's own motion or who forwards the request from a child shall ensure that the motion or request is filed with the court and served on all parties.(3) In the event an attorney is appointed to represent a child, the child will be considered a party.(4) The court will define whether the representation is "traditional advocacy" or "best interests" representation. The child's attorney is expected to be familiar with the contents of the ABA Standards for Representation of Children, and the Oregon State Bar "Specific Standards for Representation in Juvenile Dependency Cases." (5) The parties are encouraged to stipulate to an identified attorney, type of representation, and method of compensation. If the parties are unable to agree, the court will set the matter for a hearing to address those issues.(6) Orders appointing counsel issued by the court may contain provisions for payment of attorney fees and terms for payment. No appointment order will be issued until the child's counsel has agreed to accept such appointment upon the fee terms set forth.(7) The parents or person having physical custody of the child shall make the child reasonably available to the attorney as requested and are not to monitor the child's communication with the attorney or to question the child about the nature or substance of the communication.Josephine Supp. L. R. 8.091
Amended effective 2/1/2024.