Delaware General Assembly

Signed 6/10/02

The General Assembly has ended, the current status is the final status.

4/25/02

McDowell

Reps. Maier, Valihura, Keeley

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE OFFICE OF THE CHILD ADVOCATE.

Sections 1 through 4 of this Bill address the concerns regarding an attorney guardian ad litem's role in representing a child as indicated in an opinion by the DSBA Professional Ethics Committee. The changes make it clear that the child is the client and the scope of representation is the child's best interests. It also makes sure that an attorney does not take the stand as a witness, but instead presents his or her position in the form of evidence. Section 5 clarifies the intent of the original statute that attorneys who volunteer to represent a child through OCA will be indemnified from liability in that role. Section 6 allows OCA to also review Family Court records in making a determination as to whether a child needs legal representation.

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