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 11.0 | Participation in Court Proceedings

The guardian ad litem shall appear at all court proceedings in which the guardian ad litem is appointed. The guardian ad litem shall not waive the presence of the child at court proceedings without good cause. The guardian ad litem shall participate actively and fully in all court proceedings. The guardian ad litem shall present evidence, file pleadings, and call witnesses when appropriate to ensure all information relevant to the child’s best interests is presented to the court for consideration.

Comment

A guardian ad litem may testify to particular facts and issues before the court relating to the child’s best interests or the guardian ad litem’s recommendation, if any. Under such circumstances, the guardian ad litem may be subject to cross-examination. It is within the discretion of the court whether or not to receive testimony from the guardian ad litem in custody proceedings under section 452.785, RSMo.

The guardian ad litem may attend other proceedings involving the child’s best interests.

The guardian ad litem should ensure the court’s receipt of all information relevant to the child’s best interests.


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