TITLE 16

JUVENILE PROCEEDINGS

CHAPTER 16

CHILD PROTECTIVE ACT

16-1614.  appointment of guardian ad litem, counsel for Guardian ad litem, counsel for child. (1) In any proceeding under this chapter for a child under the age of twelve (12) years, the court shall appoint a guardian ad litem for the child or children and shall appoint counsel to represent the guardian ad litem, unless the guardian ad litem is already represented by counsel. If a court does not have available to it a guardian ad litem program or a sufficient number of guardians ad litem, the court shall appoint counsel for the child. In appropriate cases, the court may appoint a guardian ad litem for the child and counsel to represent the guardian ad litem and may, in addition, appoint counsel to represent the child.

(2)  In any proceeding under this chapter for a child twelve (12) years of age or older, the court:

(a)  Shall appoint counsel to represent the child and may, in addition, appoint a guardian ad litem; or

(b)  Where appointment of counsel is not practicable or not appropriate, may appoint a guardian ad litem for the child and shall appoint counsel to represent the guardian ad litem, unless the guardian ad litem is already represented by counsel.

(3)  Counsel appointed for the child under the provisions of this section shall be paid for by the office of the state public defender unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs.

(4)(a)  The legislature finds that guardian ad litem representation has been addressed differently throughout the state, with some counties providing representation through their public defense office or public defense contracts, or in other areas of the state with pro bono representation. The legislature finds that providing guardian ad litem representation through the office of the state public defender would create numerous costly conflicts of interest that would detract from the office’s mission. Therefore, it is the intent of the legislature to keep guardian ad litem representation administered locally with reimbursement provided by state funds when needed. It is not the intent of the legislature to disrupt, terminate, or otherwise inhibit any pro bono programs that now exist or may hereinafter be created to provide counsel for guardians ad litem.

(b)  Counsel appointed for a guardian ad litem shall first come from volunteer attorneys willing to represent the guardian ad litem pro bono unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs. Absent available volunteer pro bono counsel, attorneys for the guardian ad litem shall be paid by the county, and the county shall be reimbursed for the actual, verified costs of guardian ad litem representation the county incurred from the attorney costs for guardian ad litem account, as established in section 57-828, Idaho Code, by submitting a request to the office of the state public defender.

History:

[(16-1614) 16-1618, added 1976, ch. 204, sec. 2, p. 743; am. 1982, ch. 186, sec. 17, p. 500; am. 1985, ch. 177, sec. 1, p. 459; am. 1989, ch. 281, sec. 2, p. 687; am. 2001, ch. 107, sec. 18, p. 368; am. and redesig. 2005, ch. 391, sec. 16, p. 1278; am. 2013, ch. 221, sec. 1, p. 521; am. 2024, ch. 270, sec. 1, p. 936.]