RULE 8.215. GUARDIAN AD LITEM

(a) Appointment. The court must appoint a guardian ad
litem to represent the child at the earliest possible time.

(b) Duties and Responsibilities. The guardian ad litem
must be a responsible adult, who may or may not be an attorney,
appointed by the court to represent a child as authorized by law,
and has the following responsibilities:

(1) To gather information concerning the allegations of
the petition and any subsequent matters arising in the case and,
unless excused by the court, to file a written report. This report
must include a summary of the guardian ad litem’s findings, a
statement of the wishes of the child, and the recommendations of
the guardian ad litem and must be provided to all parties and the
court at least 72 hours before the hearing for which the report is
prepared.

(2) To be present at all court hearings unless excused
by the court.

(3) To represent the child throughout the proceeding,
including appeals, until the jurisdiction of the court over the child
terminates, or until excused by the court.

(4) To advocate for the child’s participation in the
proceeding and inform the court of the child’s preferences, to the
extent the child is able to express them.

(5) To perform such other duties as are consistent with
the scope of the appointment.

(c) Bond. A guardian ad litem is not required to post bond
but must file an acceptance of the appointment.
(d) Service. A guardian ad litem is entitled to receive service
of pleadings and papers as provided by law.

(e) Practice of Law by Lay Guardians. The duties of lay
guardians must not include the practice of law.

(f) Substitution or Discharge. The court, on its own motion
or that of any party, including the child, may substitute or
discharge the guardian ad litem for reasonable cause.

Committee Notes
1991 Amendment. (c)(1) This section allows a report to be
submitted before any hearing, not only the disposition hearing.