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 13.0 | Participation in Case-Related Activities

The guardian ad litem shall present a recommendation to the court when authorized by law or requested by the court on the basis of the evidence presented and consistent with the best interests of the child.

During the proceedings, the guardian ad litem must inform the court of the child’s wishes and preferences even though different from the guardian ad litem’s recommendation.

Comment

To make a recommendation to the court that serves the child’s best interests, the guardian ad litem should have knowledge of the child’s circumstances from all sources, which may include, but are not limited to, the parents, caseworker, deputy juvenile officers, teachers, treatment providers, and court appointed special advocate volunteers. If the guardian ad litem determines there is conflict between advocating for the best interests of the child and representation of the child’s preferences, the guardian ad litem shall continue to perform as the guardian ad litem for the child and may request that the court appoint another lawyer to represent the child’s preferences.


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