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AK · rules

Alaska CINA R. 12.1

Appointment of Attorney for Child

activein force · 2026-09-20 – presentact-effective-date

(a) Request for Appointment. Any party, including a

child, may request the appointment of an attorney for the child,

either in writing or orally on the record. The court may also

make the appointment on its own initiative.

(b) Appointment Types.

(1) Mandatory Appointments.

(A) The court shall appoint an attorney for a child who is

10 years of age or older in any of the following circumstances:

(i) The child does not consent to placement in a

residential treatment center;

(ii) The child does not consent to administration of

psychotropic medication;

(iii) The child objects to disclosure of psychotherapy

information or records under CINA Rule 9(b);

(iv) A request for a court order authorizing

emergency protective custody has been made under

AS 47.10.141(c); or

(v) The child is pregnant or has custody of a minor

child; and

(B) The court shall appoint an attorney for a child who has

been placed in a hospital as authorized under AS 47.10.105.

(2) Discretionary Appointments. The court may appoint

an attorney in other circumstances including, but not limited

to:

(A) The child’s and guardian ad litem’s positions are not

aligned on placement, family or sibling contact, permanency

goal, case plan, or another important issue in the case;

(B) The child would benefit from a confidential

relationship with an attorney; or

(C) The child is not residing in the designated placement.

(c) Scope of Appointment. The court may limit the scope

or duration of the attorney appointment to the issue that

necessitated the appointment.

(d) Attorney’s Role. The attorney’s role is to advocate for

the child’s expressed wishes. The attorney shall maintain a

normal client-lawyer relationship as required by Rule 1.14 of

the Alaska Rules of Professional Conduct.

History

(SCO 1978 effective October 17, 2022; and SCO 2051 effective September 20, 2026) Note: Chapter 36, SLA 2026 (HB 36) addresses placement of foster children in hospitals and residential psychiatric treatment centers for psychiatric care. Section 17 of the Act amends subsection (b) to provide that the court must appoint an attorney for a child who has been placed in a hospital as authorized under AS 47.10.105 for short-term psychiatric care. Cross References CROSS REFERENCE: AS 18.85.100; AS 44.21.410; AS 47.10.050; Administrative Rule 12

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
cc4f18bbdeb8cbeae95b9b844463011a8d830d719ef697a33e04c82f356d0d8e
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