Where did you get this information? Your statement contradicts NC DSS policy. Every person I ask has a different answer. The conflict attorney for DSS stated that the DSS attorney’s representation is on behalf of my ex-wife and he even filed a Notice of Appearance clearly stating this.
You stated, “that caretaker can change throughout the child’s life, so the agency doesn’t represent the payee.” This comes from an opinion from the NC State Bar. If I remember correctly, it is Opinion 5. The concept of this opinion is so that the DSS attorney remains unbiased in case the child custody and support changes parents. This is basically the same as the North Carolina Conans of Ethic for Arbitrators which ALL DSS attorney are required to follow. It is beyond the scope of the NC State Bar to make statements or opinions regarding the definitions of clients for a public service agency. When in fact the DSS attorney works for the county DSS not the NC State Bar so the attorney must follow established written county and state DSS policies.
This DSS Attorney handled my child support case then started having a sexual relationship with my ex-wife. He violated County DSS policy, NC State DSS policy and the NC State Bar. All of these policy clearly state that the DSS attorney must avoid any appearance of a conflict of interest and any sexual contact with “clients” but he clearly created a conflict of interest in my case and was removed from my case by the NC State DSS for this very reason. He avoided disciplinary action because he claimed he represents the children and not my ex-wife but there are no policies or facts to substantiate this claim.
This attorney filed a motion to intervene in my child support case on behalf of my ex-wife not DSS.
Now the taxpayers of my county have to foot the bill for another attorney to come from a different town 45 minutes away every time my child support case heard. We will be back in court for the second time next month. So maybe I need to rephrase my questions. Is it ethical for a County DSS attorney to create conflict of interest by having a sexual relationship with a person in a current child support case which he has handled and is supposed to handle even though it violates county DSS policy, NC state DSS policy, and the NC State Bar Rules of Professional Conduct? Or is it perfectly fine because he claims he represents the DSS or the children in the case?
This is definitely a professional and ethic manner that this DSS attorney “represents” the county DSS.