Okla. Stat. tit. 10A, § 10A-1-4-306

appointed special advocates.

A. 1. a. If a parent or legal guardian of the child requests an

attorney and is found to be indigent, counsel may be

appointed by the court at the emergency custody

hearing and shall be appointed if a petition has been

filed alleging that the child is a deprived child;

provided, that the court may appoint counsel without

such request if it deems representation by counsel

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necessary to protect the interest of the parent, legal

guardian, or custodian.

b. The court shall not be required to appoint an attorney

for any person other than a parent or legal guardian

of the child pursuant to the provisions of this

paragraph.

2. a. The court may appoint an attorney or a guardian ad

litem for the child when an emergency custody hearing

is held; provided, that when a petition is filed

alleging the child to be deprived, the court shall

appoint a separate attorney for the child, who shall

not be a district attorney, regardless of any

attempted waiver by the parent, legal guardian or

custodian of the child of the right of the child to be

represented by counsel. The child's attorney shall be

independent of and not selected by the district

attorney, the child's parent, legal guardian, or

custodian. If financially capable, the parent, legal

guardian or custodian shall reimburse the Court Fund

for the services of a court-appointed attorney for the

child.

b. The attorney appointed for the child shall make

arrangements to meet with the child as soon as

possible after receiving notification of the

appointment. Except for good cause shown, the

attorney shall meet with the child prior to any

hearing in such proceeding. The attorney may speak

with the child over the telephone if a personal visit

is not possible due to exigent circumstances. If a

meaningful attorney-client relationship between the

child and the attorney is prohibited due to age or

disability of the child, the attorney shall contact

the custodian or caretaker of the child prior to the

hearing.

c. The attorney shall represent the child and any

expressed interests of the child. To the extent that

a child is unable to express an interest, either

because the child is preverbal, very young or for any

reason is incapable of judgment and meaningful

communication, the attorney shall substitute his or

her judgment for that of the child and formulate and

present a position which serves the best interests of

the child. Such formulation must be accomplished

through the use of objective criteria rather than

solely the life experience or instinct of the

attorney. The objective criteria shall include, but

not be limited to:

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(1) a determination of the circumstances of the child

through a full and efficient investigation,

(2) assessment of the child at the moment of the

determination,

(3) examination of all options in light of the

permanency plans available to the child, and
attorney. The objective criteria shall include, but

not be limited to:

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(1) a determination of the circumstances of the child

through a full and efficient investigation,

(2) assessment of the child at the moment of the

determination,

(3) examination of all options in light of the

permanency plans available to the child, and

(4) utilization of medical, mental health and

educational professionals, social workers and

other related experts.

The attorney shall make such further inquiry as the attorney

deems necessary to ascertain the facts, to interview witnesses,

examine and cross-examine witnesses, make recommendations to the

court and participate further in the proceedings to the degree

appropriate for adequately representing the interests of the child.

A child is a party to all deprived proceedings and is therefore able

to participate as fully as the parents and the district attorney in

all aspects of the proceedings including, but not limited to, voir

dire, cross-examination, the subpoena of witnesses, and opening and

closing statements.

3. The attorney shall be allowed a reasonable fee for such

services as determined by the court.

4. When an attorney is required to travel to more than one

district court location in order to represent a parent, a child, or

children whom the attorney has been court-appointed to represent,

the court may in its discretion allow the attorney a reasonable

reimbursement for mileage.

5. The court shall ensure that the child is represented by

independent counsel throughout the pendency of the deprived action.

B. 1. After a petition is filed, the court shall appoint a

guardian ad litem upon the request of the child or the attorney of

the child, and may appoint a guardian ad litem sua sponte or upon

the request of the Department of Human Services, a licensed child-

placing agency, or another party to the action.

2. A guardian ad litem shall not be a district attorney, an

employee of the office of the district attorney, the child's

attorney, an employee of the court, an employee of a juvenile

bureau, or an employee of any public agency having duties or

responsibilities towards the child.

3. The guardian ad litem shall be appointed to objectively

advocate on behalf of the child and act as an officer of the court

to investigate all matters concerning the best interests of the

child. In addition to other duties required by the court and as

specified by the court, a guardian ad litem shall have the following

responsibilities:

a. review documents, reports, records and other

information relevant to the case, meet with and

observe the child in appropriate settings, including

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the child's current placement, and interview parents,

foster parents, health care providers, child

protective services workers and any other person with

knowledge relevant to the case,

b. advocate for the best interests of the child by

participating in the case, attending any hearings in

the matter and advocating for appropriate services for

the child when necessary,

c. monitor the best interests of the child throughout any

judicial proceeding, and

d. present written reports on the best interests of the

child that include conclusions and recommendations and

the facts upon which they are based.

4. The guardian ad litem shall be given access to the court

files and agency files and access to all documents, reports, records

and other information relevant to the case and to any records and

reports of examination of the child's parent or other custodian,

made pursuant to the laws relating to child abuse and neglect

including reports generated by service providers.

5. The Oklahoma Bar Association shall develop a standard

operating manual for guardians ad litem which shall include, but not
cuments, reports, records

and other information relevant to the case and to any records and

reports of examination of the child's parent or other custodian,

made pursuant to the laws relating to child abuse and neglect

including reports generated by service providers.

5. The Oklahoma Bar Association shall develop a standard

operating manual for guardians ad litem which shall include, but not

be limited to, legal obligations and responsibilities, information

concerning child abuse, child development, domestic abuse, sexual

abuse, and parent and child behavioral health and management

including best practices. After publication of the manual, all

guardians ad litem shall certify to the court in which he or she is

appointed as a guardian ad litem that the manual has been read and

all provisions contained therein are understood. The guardian ad

litem shall also certify that he or she agrees to follow the best

practices described within the standard operating manual. The

Administrative Office of the Courts shall provide public access to

the standard operating manual by providing a link to the manual on

the Oklahoma State Courts Network (OSCN) website.

C. 1. Whenever a court-appointed special advocate program is

available to the court to serve as a guardian ad litem, priority may

be given to appointment of the court-appointed special advocate to

serve as guardian ad litem for the child regardless of whether a

guardian ad litem has been requested pursuant to the provisions of

this subsection.

2. For purposes of the Oklahoma Children's Code, a "court-

appointed special advocate" and a "guardian ad litem" shall have the

same function except as otherwise provided by law. In like manner,

a court-appointed special advocate, except as specifically otherwise

provided by law or by the court, shall have the same power, duties,

and responsibilities as assigned to a guardian ad litem by law and

shall have such other qualifications, duties, and responsibilities

as may be prescribed by rule by the Supreme Court.

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3. A court-appointed special advocate shall serve without

compensation.