Show:
CONFLICT OF INTEREST
ZEALOUS ADVOCACY
COMMUNICATION
COMPETENCE
CONFIDENTIALITY
100
The Attorney/Guardian ad Litem representing a juvenile in a Child in Need of Assistance Case needs to bifurcate his/her role, that individual will need to remain in which role?
What is the attorney for the child. In serving the dual role of Attorney and Guardian ad Litem, the individual will receive confidential communications from their client. If the roles then later conflict, counsel must remain as attorney or withdraw from both or the client's communications may be violated.
100
You are the attorney for a 15 year old. Mom has just completed drug rehabilitation and says she’s clean. Your client tells you he knows mom is still using, but he wants you to ask that he be returned home because he can help keep her out of trouble. What position do you take?
What is argue to return the child home. You are the attorney for the child and, unless the position he is asking you to take is frivolous, you have to honor his decision.
100
You represent a juvenile (13 years old) in a CINA matter. The juvenile is in placement more than 100 miles away. Are you required to provide the juvenile notice of the upcoming dispositional hearing and does the juvenile have the right to be present at the hearing?
What is yes to both. The Juvenile has a right to be present at the hearing. Proper communication with your client also requires that they be provided notice of each hearing.
100
The Supreme Court has enacted new standards for attorneys representing parents in Juvenile Court. How many hours of annual CLE are required by the new rules?
What is 3 hours.
100
At a scheduled CINA review hearing where all of the parties are agreeing to case closure, the client tells his attorney in the hallway that he was just arrested two nights previously in Missouri for possession of a firearm by a convicted felon. He says his Missouri attorney has assured him of probation. It is clear that no one is aware of the recent arrest. The Attorney has:
What is no duty to disclose
200
You are the attorney for parents and children in juvenile cases. You receive a five pound box of chocolate from the local youth shelter as a holiday gift. What should you do?
What is return the gift. At a minimum, accepting the gift would have the appearance of impropriety.
200
The kids were removed from your client because he was using meth. He’s been sober now for 6 months, is living in a homeless shelter(that allows kids), and working very sporadically. The permanency hearing is coming up. Your client wants the kids returned to him. You know that DHS will never recommend this and the Judge will never grant it. What position do you take?
What is argue to return the children to your client. His request is not frivolous and he has made progress toward the case plan goals.
200
You represent a mother in a CINA case. She has a serious substance abuse history and has not been providing UAs. Mother is also on probation. At the in court review hearing, the Judge orders that Mother go directly from the Courthouse with the provider to provide a UA. The mother has told you it would be positive for cocaine, which will result in a probation violation as well as issues in the CINA. After the hearing, the provider gets immediately called into another hearing. Can you recommend to the mother that she just leave?
What is no. To do so would be to advise her to directly disobey the Court's Order. What other options are available to the attorney and Mother?
200
You have recently opened your own practice and need to make enough money to cover your overhead. Although you have never practiced juvenile law and never taken any classes on juvenile law or CLEs, you request a contract with the SPD to be appointed in juvenile cases. You are appointed your first case. What should you do?
What is seek to educate yourself, either by seeking mentoring from an experienced juvenile attorney or reviewing appropriate CLE materials.
200
As GAL/Attorney for Child, the Child reveals information relevant to the case and potentially even the child's safety, but also indicates that they do not want you to reveal the information. Can you reveal the information from the Child?
What is no. You may withdraw from both roles or withdraw from the role of Guardian ad Litem, but your client has expressed this information to you in confidence and your duty is to protect your client's confidentiality.
300
You are the Guardian ad Litem for two children, ages 5 and 15, with two different fathers. The boys were removed from their mother and you were leaning towards returning them to their mom, partly based on your opinion that the 15 year old could look out for the 5 year old. But now the 15 year old’s dad has stepped forward as a placement possibility and the 15 year old wants to be placed there. What is your position?
What is a request to withdraw from representation of one of the boys. Why? Because their “best interests” have a potential to conflict.
300
The kids were removed due to a domestic incident between your client and her boyfriend. Mom has a no contact order and, as far as DHS knows, has been honoring it. DHS is recommending a Trial Home Placement based, at least partially, on their understanding that there has been no contact. You pick up your client from her home to take her to the hearing, and see boyfriend slipping out the back door. What position do you take at the disposition hearing?
What is that the children should be returned home.
300
You are the Attorney and Guardian ad Litem for the children in a CINA case. The Order requires that you speak to the parents. You have tried to reach counsel for the mother, but have not been able to do so, but you have scheduled a meeting with the children at the home. Can you go to the home and speak with the mother about the case?
What is no. You do not have permission from the mother's attorney to speak with her client. You may visit with the children, but you may not ask the mother any questions or speak with her until you obtain consent from her attorney.
300
You have been appointed to a client in a CINA case. The adjudicatory hearing is scheduled with your input, but you later realize that you have a hearing already scheduled at that time on a motion to compel in a dissolution case, in which the client is privately paying you. You must move to continue which case?
What is the motion to compel. The Supreme Court has established that juvenile cases take priority over other civil matters, such as a dissolution case. Further, the timeframes in juvenile court make it difficult to continue an adjudicatory hearing. Finally, the Parent Representation Standards provide that attorneys must seek to avoid continuances in CINA matters.
300
You represent a mother in a CINA action. Your client’s mother tells you something “in private.” (a) Can you keep this from your client?
What is no. You should tell your client's mother that your duty is to your client and you cannot keep something "in private" from your client.
400
You represented a woman on a criminal charge. Subsequently, and for unrelated reasons, a CINA petition was filed in regards to her children on the basis of neglect – kids not getting to school and not having medical needs addressed. You are appointed to represent the father, who is married to the woman and they are an intact couple. You are able to represent the father if?
What is a consent to representation signed by both parties. This is a waivable conflict because while there is a potential conflict, there is not an actual conflict at this time.
400
The kids were removed due to a domestic incident between your client and her boyfriend. Mom has a no contact order and, as far as DHS knows, has been honoring it. DHS is recommending a Trial Home Placement based, at least partially, on their understanding that there has been no contact. You pick up your client from her home to take her to the hearing, and see boyfriend slipping out the back door. Your client asks you to tell the court that there has been no contact (since DHS doesn’t know any better). What do you tell the court about contact between mom and boyfriend?
What is no statement about whether there has been contact. Why? While you have to provide zealous representation, you cannot mislead the court.
400
You represent the mother in a CINA case. The child has been placed in foster care. The child has medical issues that require regular follow up. The foster parent has refused to provide information regarding medical appointments and has changed the child's primary care provider. You should:
What is immediately file a request for reasonable efforts to allow your client to attend the medical appointments and request that the child be returned to the child's primary medical care provider. The Standards for Parent Representation provide that the attorney understand and protect the client's rights to information and decision-making while the child is placed out of the home.
400
You are the Guardian ad Litem for a child in a CINA case who is developmentally delayed. The child was in a specialized program to address his delays. His IEP specifically provides for transportation to that program. He has been placed in foster care and the school district does not wish to transport him to his school due to the increased distance. You should:
What is advocate for the school district to continue to provide transportation for the child while in foster care under the terms of the IEP and to allow him to remain in his "home school."
400
Your client admits to you that she has violated a no contact order. Is her admission “confidential” under the Iowa Rules of Professional Responsibility or Is her admission protected by “attorney/client privilege?"
What is both. The information received from your client is confidential and protected by attorney/client privilege. Before your client told you about the no-contact order violations, you had filed a motion listing as one of the reasons supporting case closure that “She has fully complied with the no-contact order issued by the court.” What do the Rules of Professional Responsibility require you to do now?
500
You represented a woman on a criminal charge. Subsequently, and for unrelated reasons, a CINA petition was filed in regards to her children on the basis of physical abuse by the mother. You are appointed to represent the father, who is married to the woman and they are an intact couple. You cannot represent the father because of this.
What is an actual conflict of interest that cannot be waived.
500
You are representing the non-custodial parent at permanency. Your client has been incarcerated throughout the CINA proceedings, and will remain incarcerated for another 5 years. Your clients asks you to request that the children be placed with her. What is your position?
What is no position? This is a tough one because it is probably frivolous to request placement with mom. On the other hand, if all you do is make the statement without putting on any evidence or testimony, is there any harm done by making this statement.
500
The Department and the Guardian ad Litem demand that your client sign releases so that DHS may obtain his mental health and substance abuse records. You should:
What is fully advise your client as to the advantages and disadvantages of choosing to exercise, partially waive or waive a privilege or right to confidentiality. The Parent Representation Standards provide that attorneys must seek to safeguard their client's confidential information and fully advised clients as to their right to keeps such information confidential, consistent with the client's goals. The attorney must specifically discuss the potential disadvantages later in the case that may come from disclosing such confidential information.
500
You represent the mother in a CINA case. You have regular contact with your client, but still find that you are learning information for the first time when reading the DHS report when the information is sometimes months old. Can you request to review the DHS file during the case?
What is yes. As an advocate for a parent, you should regular request to review the agency file in the case. The Parent Representation Standards provide that the attorney should use effective discovery methods according to the Iowa Rules of Juvenile Procedure. You should specifically request to review the agency file early in the case. You can also have your client sign a release so that provider reports are provided to you on a monthly basis when the reports are provided to DHS.
500
DHS offers a report saying (mistakenly) that your client has complied with the no-contact order. Do you have an obligation to advise the court that the DHS worker is wrong?
What is no.