The process begins when a request for a lawyer is made by an adult, a child, or a youth through self-referral, or by a court order. Information is gathered, eligibility confirmed, and a lawyer is contacted to see if he or she will accept the appointment. Once the appointment is made, contact information is provided to the lawyer and the child or youth so they may communicate directly with each other.


2. Should every child or youth receiving services under the Child, Youth and Family Enhancement Act (the Enhancement Act) or the Protection of Sexually Exploited Children Act (PSEC Act) have a lawyer?

Not necessarily.  For example, legal counsel may not be appointed if:

• The youth is in agreement with the court application.
• Other parties are not represented by counsel.
• The youth does not want a lawyer.

Children and youth 12 years of age and older have certain procedural rights under the Enhancement Act.  Caseworkers and other adults need to make sure that children and youth are aware of their procedural rights.


3. Will Legal Representation for Children and Youth (LRCY) appoint lawyers for children under 12 years of age without a court order?

Yes.


4. How will you determine if a lawyer is needed for a child under 12 years of age without a court order?

LRCY will ask questions about the circumstances that led to the request for counsel for the child, including:

• Do the other parties have legal representation?
• Is there an indication that the interests of the child would not otherwise be represented?
• Is there significant conflict between the parents, or between the parents and the director, such that the interests of the child may not be adequately taken into consideration?
• Is the child expressing a viewpoint that is not being heard?

5. How will LRCY determine if a child is mature enough to direct counsel?

LRCY will not make any decision about the child’s ability to direct counsel. Lawyers appointed to represent children and youth will decide how best to represent the views and interests of the child or youth.


6. Can an adult request a specific lawyer on behalf of a child or youth?

No.


7. Will a child have to sign a form confirming that he/she has requested a lawyer?

No.


8. What do I do if I have a complaint about your process or about a lawyer appointed for a child?

Direct your complaint to the LRCY Manager.  Complaints about lawyer conduct will be redirected to the Law Society of Alberta.


9. Are Advocates involved in the hiring of lawyers?

No. The work of the Advocates is completely separate and distinct from the administrative function of assigning lawyers.

10. Are youth able to request a specific lawyer?

Yes, approval of requests for a specific lawyer is subject to the discretion of the LRCY manager.

11. Can a child or youth dismiss a lawyer?

Yes, if the youth is 12 years of age or older.  If the youth requests further representation or the court has ordered that the youth be represented a new lawyer will be appointed.  If the child is under 12 years of age, they can not dismiss the lawyer.  The court may be asked for direction to resolve the problems between the child and their lawyer.