(a) Child will have an attorney. When a deprived petition is filed, the court must appoint an attorney for the child for all legal proceedings related to the abuse or neglect alleged in the petition. [10 O.S. § 7003-3.7] The attorney represents the child and any expressed interests of the child. The parent, legal guardian, or custodian is not to select the child’s attorney. If financially capable, the parent, legal guardian, or custodian is to reimburse the Court Fund for the services of the attorney for the child.
(b) Child and attorney must have access to each other. The child and the child’s attorney are kept informed of each other’s current location and telephone number at all times. The attorney’s name, address and telephone number are included on the Placement Provider Report in order that the child and placement provider may access the child’s attorney at any time. Upon the change in placement of a custody child, the worker notifies the child's attorney with Form DCYFS-CWS-8A (new form number 04KI025E), Change in Placement Notification, as required by Section 7003-5.4a(A) of Title 10 of the Oklahoma Statutes.
(c) Attorney must meet with child. The attorney appointed for the child makes arrangements to meet with the child as soon as possible after receiving notification of the appointment. Except for good cause, the attorney must meet with the child not less than twenty-four (24) hours prior to any court proceedings. [10 O.S. § 7003-3.A] The attorney may speak with the child by telephone if a personal visit is not possible. If the attorney is limited in having a meaningful relationship with the child due to the child's age or the child's desire, the attorney contacts the custodian or caretaker of the child prior to the hearing.
(d) Attorney has access to the Department’s records. The child's attorney may access juvenile court, district attorney, law enforcement, educational, social, and DHS records. The attorney may access any reports of examination of the child's parents, legal guardian, custodian, or other person responsible for the child’s health and safety.
(e) Attorney may initiate objection to court ruling. At any hearing, including hearings where a child is to be released from state custody, the child’s attorney or district attorney may give verbal notice of an objection to the court order and intention to seek review of that order based on the grounds that the order of the court releasing the child from state custody is contrary to the health, safety, and welfare of the child. Refer to OAC 340:75-1-16 and 10 O.S. § 7003-6.2(C).