Guardians Ad Litem

(a) Appointment. (1) Any party or the court on its own motion may request a guardian ad litem. The court may appoint a guardian ad litem to represent the best interests of the juvenile in a delinquency proceeding. If the court denies a motion for appointment of a guardian ad litem, the court must make findings to explain the denial. Commentary—In addition to appointment of an attorney, the court may, upon motion of a party or upon its own motion, appoint the office of public advocacy to provide guardian ad litem services to a juvenile. Courts should not routinely appoint guardians ad litem in juvenile delinquency proceedings. In most instances, the juvenile’s best interests are adequately protected and represented by the parties. The juvenile’s best interests may not be adequately protected in situations, including but not limited to: when no parent or guardian is available, when a parent or guardian is not in a position to advocate for the juvenile’s best interests, when a household or family member is an alleged victim, when the juvenile has complex therapeutic needs, or when an adult guardianship or conservatorship may be appropriate. (2) A non-attorney guardian ad litem is entitled to counsel. Upon request, the court shall make the appointment. The court may appoint an attorney on its own motion for good cause if the court finds that legal advice or legal representation of the guardian ad litem is necessary to represent the juvenile’s best interests. (3) Within seven days of the court’s appointment, the designated guardian ad litem must file an entry of appearance indicating whether the guardian ad litem is an attorney and certifying that the guardian ad litem meets qualifications under subsection (b) below. (4) Throughout the period of appointment, the guardian ad litem is a party to the proceeding, and must be served with copies of all pleadings and papers relating to the juvenile and must be given notice of all court proceedings. The guardian ad litem, whether an attorney or a non-attorney, has the right to appear and participate at hearings regarding the juvenile. The guardian ad litem may also engage in motion practice, conduct discovery, introduce evidence, examine and cross examine witnesses, make objections, make opening statements and closing arguments, and take or participate in an appeal. Although the guardian ad litem can participate in plea the agreement negotiations and make recommendations, 11