Discretionary appointment of counsel

In 2019 the Supreme Court of Ohio amended Ohio Sup. R. 48.02 to address appointment of counsel for children in various situations:

(D)Separate appointments in abuse, neglect, dependency, unruly, and delinquency cases and cases of conflict.

(1) A court shall appoint a separate attorney to represent a child in abuse, neglect, dependency, unruly, and delinquency cases in which the wishes of the child differ from the recommendations of the guardian ad litem.

(2) If an attorney who has been appointed to serve as both guardian ad litem and attorney for the child or any other party believes that a conflict exists in the dual appointment, the attorney or party shall immediately notify the court in writing with notice to the parties or affected agencies and request a separate appointment of a guardian ad litem and attorney for the child. The court shall make such additional appointment or appointments or order or orders to remedy the conflict. The court may also make such appointment or appointments on its own motion.