7.11Appointment of Attorney for the Child

Where a conflict exists between a lawyer-guardian ad litem’s determination of a child’s best interests and what the child identifies as his or her interests, the lawyer-guardian ad litem must communicate the child’s position to the court. MCL 712A.17d(2). The court may appoint an attorney to represent the child if it deems the attorney appointment appropriate given the child’s age and maturity, and nature of the discrepancy between the child’s stated interests and the guardian ad litem’s determination of the child’s best interests.¹ Id.; MCR 3.915(B)(2)(b). See Section 7.10 for additional information on a child’s lawyer-guardian ad litem appointment.

Note: An attorney’s appearance in a child protective proceeding is governed by MCR 2.117(B). MCR 3.915(C). See SCAO form Appearance of Attorney/Guardian Ad Litem/Lawyer-Guardian Ad Litem.

An attorney appointed to represent a child under MCL 712A.2(b) means:

“an attorney serving as the child’s legal advocate in a traditional attorney-client relationship with the child, as governed by the Michigan Rules of Professional Conduct. An attorney defined under this subdivision owes the same duties of undivided loyalty, confidentiality, and zealous representation of the child’s expressed wishes as the attorney would to an adult client. For the purpose of a notice required under these sections, attorney includes a child’s lawyer-guardian ad litem.” MCL 712A.13a(1)(c).

An attorney appointed to represent the child’s expressed wishes is in addition to the child’s appointed lawyer-guardian ad litem. MCL 712A.17d(2). The court-appointed attorney must serve until he or she is discharged by the court. MCL 712A.17c(9); MCR 3.915(D)(2).

If an attorney is appointed and after a determination of the ability to pay, the court may enter an order assessing costs of the representation to “the party or the person responsible for that party’s support, or against the money allocated from marriage license fees for family counseling services under . . . MCL 551.103.”² MCL 712A.17c(8); MCR 3.915(E). A court’s order assessing costs may be enforced through contempt proceedings. MCL 712A.17c(8).