Juvenile Court Appointment

Subdivision 1. Generally. A guardian ad litem shall not be appointed or serve except upon written order of the court. Following the order of the court, the guardian ad litem manager or manager's designee shall designate a guardian ad litem. The order shall set forth: (a) the statute or rule providing for the appointment of the guardian ad litem; (b) the provisions for parental fee collection as applicable under Minnesota Statutes, sections 260B.331, subdivision 6, paragraph (a), and 260C.331, subdivision 6, paragraph (a), and as established by the State Guardian ad Litem Board; and (c) in an adoption proceeding, authorization for the guardian ad litem to review and receive a copy of the adoption study report under Minn. R. Adoption P. 37 and the post-placement assessment report under Minn. R. Adoption P. 38 to the extent permitted by Minnesota Statutes, section 259.53, subdivision 3. If the court has issued an order appointing a person as a guardian ad litem in a child in need of protection or services proceeding, that person shall continue to serve, and the court shall issue Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 340 MINNESOTA COURT RULES 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. Subd. 2. Guardian Ad Litem Shall Not Also Serve on Same Case as Petitioner. When a guardian ad litem is appointed pursuant to Minnesota Statutes, section 260C.163, subdivision 5, paragraph (a), the court shall not appoint as guardian ad litem an individual who is the party, or an agent of the party, who has already filed the initial petition in the case pursuant to Minnesota Statutes, section 260C.141. Subd. 3. Representation of Child's Parent or Legal Custodian. The court may sua sponte or upon the written or on-the-record request of a party or participant appoint a guardian ad litem for a parent who is a party or the legal custodian if: (a) the court determines that the parent or legal custodian is incompetent to assist counsel in the matter or understand the nature of the proceedings; or (b) it appears at any stage of the proceedings that the parent is under eighteen (18) years of age and is without a parent or legal custodian, or that considered in the context of the matter the minor parent's parent or legal custodian is unavailable, incompetent, indifferent to, hostile to, or has interests in conflict with the interests of the minor parent. Appointment of a guardian ad litem for a parent shall not result in discharge of counsel for the parent. (Added effective January 1, 2005; amended effective January 1, 2007; amended effective July 1, 2015; amended effective January 1, 2025.) Advisory Committee Comment - 2004 Amendment