1. A. If the parents, guardian, or other legal custodian of the child requests an attorney and is found to be without sufficient financial means, counsel shall be appointed by the court if a petition has been filed alleging that the child is a deprived child or if termination of parental rights is a possible remedy, provided that the court may appoint counsel without such request, if it deems representation by counsel necessary to protect the interest of the parents, guardian or other legal custodian. If the child is not otherwise represented by counsel, whenever a petition is filed pursuant to the provisions of this part, the court shall appoint a separate attorney, who shall not be a district attorney, regardless of any attempted waiver by the parent or other legal custodian of the child of the right of the child to be represented by counsel. 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 not less than twenty-four (24) hours 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.

2. B. Whenever a petition is filed alleging that a child is a deprived child, the court may appoint a guardian ad litem for the child at any time subsequent to the filing of the petition and shall appoint a guardian ad litem upon the request of the child or the attorney of the child and whenever a court-appointed special advocate is available to the court to serve as a guardian ad litem regardless of whether or not a guardian ad litem has been requested by the child or the attorney of the child. A Court-Appointed Special Advocate Program shall be made available to each judicial district.

   1. 1. The guardian ad litem shall not be a district attorney, an employee of the office of the district 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.
   2. 2. Whenever a court-appointed special advocate is available for appointment as a guardian ad litem as provided by this subsection, the court shall give priority to the appointment of a court-appointed special advocate as the guardian ad litem of a deprived child.

3. C.

   1. 1. The court-appointed special advocate shall be given access to the court file and access to all records and reports 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.
   2. 2. A court-appointed special advocate shall serve without compensation and shall have such other qualifications and duties and responsibilities as may be prescribed by rule by the Supreme Court.
   3. 3. Any person participating in a judicial proceeding as a court-appointed special advocate shall be presumed prima facie to be acting in good faith and in so doing shall be immune from any civil liability that otherwise might be incurred or imposed. Any person serving in positions of management of a CASA organization, including members of the Board of Directors acting in good faith, shall be immune from any civil liability or any vicarious liability for the negligence of any CASA organization advocates, managers, or directors.

Laws 1968, SB 446, c. 282, § 109, eff. January 13, 1969; Amended by Laws 1970, HB 1292, c. 226, § 1; Amended by Laws 1971, HB 1316, c. 66, § 2, eff. October 1, 1971; Amended by Laws 1977, HB 1121, c. 259, § 10, eff. October 1, 1977; Amended by Laws 1979, HB 1493, c. 257, § 3, eff. October 1, 1979; Amended by Laws 1982, HB 1468, c. 312, § 20, eff. October 1, 1982; Amended by Laws 1985, HB 1372, c. 313, § 1, eff. November 1, 1985; Amended by Laws 1986, HB 1291, c. 263, § 4, emerg. eff. July 1, 1986; Amended by Laws 1989, SB 292, c. 363, § 6, eff. November 1, 1989; Amended by Laws 1991, HB 1761, c. 296, § 24, eff. September 1, 1991; Amended by Laws 1992, HB 1544, c. 298, § 22, eff. July 1, 1993; Amended by Laws 1994, HB 2640, c. 290, § 37, emerg. eff. July 1, 1994; Amended by Laws 1995, HB 1978, c. 352, § 21, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1109 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1996, HB 2053, c. 200, § 6, eff. November 1, 1996; Amended by Laws 1997, HB 1927, c. 386, § 4, emerg. eff. June 10, 1997 (superseded document available).