Appointment for Child

Subd. 1. Mandatory Appointment Generally Required. Where Minnesota Statutes, section 260C.163, subdivision 5, requires appointment of a guardian ad litem, the court shall appoint a guardian ad litem under the procedures set forth in the General Rules of Practice, Rules of Guardian ad Litem Procedure. If the court has issued an order appointing a person as a guardian ad litem in a child in need of protection or services matter, that person shall continue to serve and the court shall issue an order reappointing the same person in the termination of parental rights proceeding, other permanent placement matter, or adoption proceeding for a child under the guardianship of the Commissioner of Human Services, unless a new guardian ad litem is designated by the district manager or manager's designee or the guardian ad litem is discharged by the court pursuant to the Rules of Guardian ad Litem Procedure. Subd. 2. Discretionary Appointment. Where Minnesota Statutes, section 260C.163, subdivision 5, does not require appointment of a guardian ad litem, the court may appoint a guardian ad litem under the procedures set forth in the General Rules of Practice, Rules of Guardian ad Litem Procedure. Subd. 3. Timing; Method of Appointment. Appointment of a guardian ad litem shall occur prior to the emergency protective care hearing or the admit-deny hearing, whichever occurs first. The court may appoint a person to serve as guardian ad litem for more than one child in a proceeding. The appointment of a guardian ad litem shall be subject to General Rules of Practice 901-907. Subd. 4. Responsibilities; Rights. The guardian ad litem shall carry out the responsibilities set forth in Minnesota Statutes, section 260C.163, subdivision 5, paragraph (b). The guardian ad litem shall have the rights set forth in General Rule of Practice 907. Subd. 5. Guardian Ad Litem Not Also Counsel for Child. The child's guardian ad litem shall not also serve as the child's counsel. Subd. 6. Counsel for Child Not Also Counsel for Guardian Ad Litem. The child's counsel shall not also serve as counsel for the guardian ad litem. Subd. 7. Reimbursement. Whenever a guardian ad litem is appointed for a child, the court may make inquiries authorized by Minnesota Statutes, section 260C.331, subdivision 6, into the ability of the parents to pay for the guardian ad litem's services, and may make any orders as authorized by that statute. (Amended effective January 1, 2025.) Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. JUVENILE COURT 250 MINNESOTA COURT RULES