Supreme Court Rules

First Adopted: May 20, 2009

Most Recently Effective: September 01, 2011

Appendix C | Standards with Comments for Guardians ad Litem in Juvenile and Family Court Division Matters |

Standard 06.0 | Guardian ad Litem Access to Reports and Records

The guardian ad litem is entitled to all reports relevant to the case and shall have access to all relevant records relating to the child, the placement of the child, or the child’s family members.

Comment

The guardian ad litem must have complete access to all relevant information related to the child and the child's situation.  See section 210.160, RSMo. The order appointing the guardian ad litem may include an order directing the release of confidential information and records about the child to the guardian ad litem.

A key aspect of representing a child is to obtain and review all documents to be submitted to the court as well as relevant agency and party case files, educational records, medical records, mental health records, and law enforcement reports. The information contained in such records may provide a more complete context for the current problems experienced by the child and family, may suggest additional professional and lay witnesses that can provide testimony necessary to a full hearing of the issues before the court, and may reveal alternate potential placement resources.

It is essential that the guardian ad litem personally review the available information rather than relying upon descriptions, summaries, or characterizations of the evidence provided by others. 


(Adopted May 20, 2009, effective January 1, 2010. Amended August 29, 2011, effective September 1, 2011.)
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