Rule 8.215 Guardian Ad Litem
Part III: Dependency and Termination of Parental Rights Proceedings
Rule Text
(a) Appointment. The court must appoint a guardian ad litem to represent the child at the earliest possible time.
(b) Duties and Responsibilities. The guardian ad litem must be a responsible adult, who may or may not be an attorney, appointed by the court to represent a child as authorized by law, and has the following responsibilities:
(1) To gather information concerning the allegations of the petition and any subsequent matters arising in the case and, unless excused by the court, to file a written report. This report must include a summary of the guardian ad litem’s findings, a statement of the wishes of the child, and the recommendations of the guardian ad litem and must be provided to all parties and the court at least 72 hours before the hearing for which the report is prepared.
(2) by the court.
To be present at all court hearings unless excused
(3) To represent the child throughout the proceeding, including appeals, until the jurisdiction of the court over the child terminates, or until excused by the court.
(4) To advocate for the child’s participation in the proceeding and inform the court of the child’s preferences, to the extent the child is able to express them.
(5) To perform such other duties as are consistent with the scope of the appointment.
(c) Bond. A guardian ad litem is not required to post bond but must file an acceptance of the appointment.
(d) Service. A guardian ad litem is entitled to receive service of pleadings and papers as provided by law.
(e) Practice of Law by Lay Guardians. The duties of lay guardians must not include the practice of law.
(f) Substitution or Discharge. The court, on its own motion or that of any party, including the child, may substitute or discharge the guardian ad litem for reasonable cause.