TITLE 16

JUVENILE PROCEEDINGS

CHAPTER 16

CHILD PROTECTIVE ACT

16-1633.  Guardian ad litem — Duties. Subject to the direction of the court, the guardian ad litem shall advocate for the best interests of the child and shall have the following duties which shall continue until resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever first occurs:

(1)  To conduct an independent factual investigation of the circumstances of the child including, without limitation, the circumstances described in the petition.

(2)  To file with the court prior to any adjudicatory, review or permanency hearing a written report stating the results of the investigation, the guardian ad litem’s recommendations and such other information as the court may require. In all post-adjudicatory reports, the guardian ad litem shall inquire of any child capable of expressing his or her wishes regarding permanency and, when applicable, the transition from foster care to independent living and shall include the child’s express wishes in the report to the court. The guardian ad litem’s written report shall be delivered to the court, with copies to all parties to the case at least five (5) days before the date set for the hearing. The report submitted prior to the adjudicatory hearing shall not be admitted into evidence at the hearing and shall be used by the court only for disposition if the child is found to be within the purview of the act.

(3)  To act as an advocate for the child for whom appointed at each stage of proceedings under this chapter. To that end, the guardian ad litem shall participate fully in the proceedings and to the degree necessary to adequately advocate for the child’s best interests, and shall be entitled to confer with the child, the child’s siblings, the child’s parents and any other individual or entity having information relevant to the child protection case.

(4)  To monitor the circumstances of a child and to assure that the terms of the court’s orders are being fulfilled and remain in the best interest of the child.

(5)  To maintain all information regarding the case confidential and to not disclose the same except to the court or to other parties to the case.

(6)  Such other and further duties as may be expressly imposed by the court order.

History:

[(16-1633) 16-1631, added 1989, ch. 281, sec. 5, p. 688; am. 1996, ch. 272, sec. 16, p. 898; am. and redesig. 2005, ch. 391, sec. 35, p. 1291; am. 2010, ch. 284, sec. 1, p. 765.]