September 7, 1995
Mr. Edward B. Simmons Attorney at Law P O Box 1223 118 East Saint James Street Tarboro, North Carolina 27886
Re: Advisory Opinion; Whether the County Department of Social Services, as the Custodian of a Child Who is Alleged to be Abused or Neglected, Has the Right to Allow the Parents’ Attorney to Interview the Child Over the Objection of the Child’s Attorney Advocate or Guardian Ad Litem; Juvenile Code; N.C.G.S. § 7A-586(a)
Dear Mr. Simmons:
In your letter of 21 August l995, you state that in several recent cases involving the alleged abuse or neglect of children, the parents’ attorney has requested an opportunity to interview the children who are in the custody of Edgecombe County DSS. In each of these cases the attorney advocate, speaking on behalf of the children, has denied the request of the parents’ attorney. In particular, you ask whether the agency, as a child’s custodian, has the right to permit such an interview over the objection of the child’s attorney advocate or guardian ad litem.
Proceedings involving a child who is alleged to be abused or neglected fall under the Juvenile Code in Chapter 7A of the General Statutes. G.S. § 7A-586(a) provides, in pertinent part, as follows:
"When in a petition a juvenile is alleged to be abused or neglected, the judge shall appoint a guardian ad litem to represent the juvenile…The guardian ad litem and attorney advocate have standing to represent the juvenile in all actions under this Subchapter where they have been appointed…In every case where a nonattorney is appointed as a guardian ad litem, an attorney shall be appointed in the case in order to assure protection of the child’s legal rights within the proceeding. The duties of the guardian ad litem shall be to make an investigation to determine the facts, the needs of the juvenile, and the available resources within the family and community to meet those needs; to facilitate, when appropriate, the settlement of disputed issues; to offer evidence and examine witnesses at adjudication; to explore options with the judge at the dispositional hearing; and to protect and promote the best interest of the juvenile until formally relieved of the responsibility by the judge."
Once a juvenile petition is filed alleging that a child is abused or neglected and the above appointments are made, clearly, the responsibility and authority for the protection of the child’s legal rights rest with the child’s attorney advocate or guardian ad litem. Thus, the county DSS, as a child’s custodian, has no right to permit the parents’ attorney to interview the child over the objection the child’s attorney advocate or guardian ad litem. In fact, the county DSS may not violate the child’s right to counsel. See, In re Maynard, 116 N.C. App. 616, 448 S.E.2d 871 (1994), review denied, 339 N.C. 613, 454 S.E.2d 254 (1995).
We trust that this fully answers your inquiry. If ever we can be of further assistance, please call on us.
Ann Reed Senior Deputy Attorney General
David Gordon
Assistant Attorney General