Rule R19-1. Parental Defense Counsel Training.

As in effect on August 1, 2009

Table of Contents

• R19-1-1. Authority.
• R19-1-2. Purpose.
• R19-1-3. Definitions.
• R19-1-4. Core Training.
• R19-1-5. Continuing Training.
• KEY
• Date of Enactment or Last Substantive Amendment
• Authorizing, Implemented, or Interpreted Law

R19-1-1. Authority.

(1) This rule is made under authority of Subsection 63A-11-202(3).

R19-1-2. Purpose.

(1) In accordance with Section 63A-11-202, these training standards are provided for parental defenders acting pursuant to a county contract or a contract with this office.

R19-1-3. Definitions.

As per Section 63A-11-102, the following terms are used for the purpose of this rule.

(1) "Child welfare case" means a proceeding under Title 78A, Chapter 6, Juvenile Courts, Parts 3 or 5.

(2) "Office" means the Office of Child Welfare Parental Defense.

(3) "Parental Defender" means a defense attorney who has contracted with the office or local county to provide parental defense services pursuant to Section 63A-11-102 et seq.

R19-1-4. Core Training.

(1) Parental defenders shall complete the core training course provided by the Office of Child Welfare Parental Defense prior to receiving an appointment by a juvenile court judge unless the Office determines that the defender has equivalent training and experience. The core training shall consist of at least eight hours of training which may include, but is not limited to the following topics:

(a) Relevant state law, federal law, case law and rules in family preservation and child welfare;

(b) The "Practice Model" of the Division of Children and Family Services;

(c) Attorney roles and responsibilities, including ethical considerations

(d) Dynamics of abuse and neglect; and

(e) Preserving and protecting parents' rights in juvenile court.

R19-1-5. Continuing Training.

(1) Each calendar year thereafter, a contracted parental defender shall complete at least eight hours of continuing legal education courses. The continuing legal education can consist of, but is not limited to, the core training topics listed in Section 4 above or any of these additional topics:

(a) Trial and appellate advocacy;

(b) Substance abuse, domestic violence and mental health issues;

(c) Grief and attachment;

(d) Custody and parent-time;

(e) Resources and services;

(f) Child development and communications;

(g) Medical issues in child welfare; and

(h) District-specific child welfare issues requiring resolution as identified by the district's judges or other actors in the child welfare system.

KEY

child welfare, parental defense

Date of Enactment or Last Substantive Amendment

May 13, 2005

Authorizing, Implemented, or Interpreted Law

63A-11-107