IC 31-17-6
Chapter 6. Appointment of Guardians Ad Litem and Court
Appointed Special Advocates
IC 31-17-6-1 Appointment
Sec. 1. A court, in a proceeding under IC 31-17-2, IC 31-17-4, this
chapter, IC 31-17-7, or IC 31-28-5, may appoint a guardian ad litem,
a court appointed special advocate, or both, for a child at any time. As added by P.L.1-1997, SEC.9. Amended by P.L.133-2008, SEC.9.
IC 31-17-6-2 Persons ineligible for appointment
Sec. 2. A court may not appoint a party to the proceedings, the
party's employee, or the party's representative as the:
(1) guardian ad litem;
(2) court appointed special advocate;
(3) guardian ad litem program; or
(4) court appointed special advocate program;
for a child who is involved in the proceedings. As added by P.L.1-1997, SEC.9.
IC 31-17-6-3 Protection of best interests of child; term of appointment
Sec. 3. A guardian ad litem or court appointed special advocate
shall represent and protect the best interests of the child. A guardian
ad litem or court appointed special advocate serves until the court
enters an order for removal. As added by P.L.1-1997, SEC.9.
IC 31-17-6-4 Officers of the court
Sec. 4. The guardian ad litem or the court appointed special
advocate, or both, are considered officers of the court for the purpose
of representing the child's interests. As added by P.L.1-1997, SEC.9.
IC 31-17-6-5 Representation by attorney
Sec. 5. The guardian ad litem or the court appointed special
advocate may be represented by an attorney. If necessary to protect
the child's interests, the court may appoint an attorney to represent
the guardian ad litem or the court appointed special advocate. As added by P.L.1-1997, SEC.9.
IC 31-17-6-6 Subpoena powers; presentation of evidence
Sec. 6. A guardian ad litem or court appointed special advocate
appointed by a court under this chapter may subpoena witnesses and
present evidence regarding:
(1) the supervision of the action; or
(2) any investigation and report that the court requires of the
guardian ad litem or court appointed special advocate. As added by P.L.1-1997, SEC.9.
IC 31-17-6-7 Continuing supervision
Sec. 7. The court may order a guardian ad litem or court appointed
special advocate appointed by a court under this chapter (or
IC 31-1-11.5-28 before its repeal) to exercise continuing supervision
over the child to assure that the custodial or parenting time terms of
an order entered by the court under IC 31-17-2 or IC 31-17-4 (or
IC 31-1-11.5 before its repeal) are carried out as required by the
court. As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.53.
IC 31-17-6-8 Civil immunity
Sec. 8. Except for gross misconduct:
(1) a guardian ad litem;
(2) a court appointed special advocate;
(3) an employee of a county guardian ad litem or court
appointed special advocate program; or
(4) a volunteer for a guardian ad litem or court appointed
special advocate program;
who performs duties in good faith is immune from any civil liability
that may occur as a result of the person's performance. As added by P.L.1-1997, SEC.9.
IC 31-17-6-9 User fee; funds
Sec. 9. (a) The court may order either or both parents of a child
for whom a guardian ad litem or court appointed special advocate is
appointed under this chapter to pay a user fee for the services
provided under this chapter. The court shall establish one (1) of the
following procedures to be used to collect the user fee:
(1) The court may order the clerk of the court to collect the user
fee and deposit the user fee into the county's guardian ad litem
fund or court appointed special advocate fund. The fiscal body
of the county shall appropriate money collected as user fees
under this chapter to the court having jurisdiction over custody
actions for the court's use in providing guardian ad litem or
court appointed special advocate services, including the costs
of representation.
(2) The court may order either or both parents to pay the user
fee to the:
(A) guardian ad litem program that provided the services; or
(B) court appointed special advocate program that provided
the services.
(3) The court may order either or both parents to pay the user
fee to the individual or attorney guardian ad litem that provided
the services.
(b) Money remaining in a county's:
(1) guardian ad litem fund; or
(2) court appointed special advocate fund;
at the end of the county's fiscal year does not revert to any other
fund.
(c) If the court orders either or both parents to pay the user fee
according to subsection (a)(2) or (a)(3) the program or the individual
or attorney guardian ad litem shall report to the court the receipt of
payment not later than thirty (30) days after receiving the payment. As added by P.L.1-1997, SEC.9.
IC 31-17-6
Chapter 6. Appointment of Guardians Ad Litem and Court
Appointed Special Advocates
IC 31-17-6-1 Appointment
Sec. 1. A court, in a proceeding under IC 31-17-2, IC 31-17-4, this
chapter, IC 31-17-7, or IC 31-28-5, may appoint a guardian ad litem,
a court appointed special advocate, or both, for a child at any time. As added by P.L.1-1997, SEC.9. Amended by P.L.133-2008, SEC.9.
IC 31-17-6-2 Persons ineligible for appointment
Sec. 2. A court may not appoint a party to the proceedings, the
party's employee, or the party's representative as the:
(1) guardian ad litem;
(2) court appointed special advocate;
(3) guardian ad litem program; or
(4) court appointed special advocate program;
for a child who is involved in the proceedings. As added by P.L.1-1997, SEC.9.
IC 31-17-6-3 Protection of best interests of child; term of appointment
Sec. 3. A guardian ad litem or court appointed special advocate
shall represent and protect the best interests of the child. A guardian
ad litem or court appointed special advocate serves until the court
enters an order for removal. As added by P.L.1-1997, SEC.9.
IC 31-17-6-4 Officers of the court
Sec. 4. The guardian ad litem or the court appointed special
advocate, or both, are considered officers of the court for the purpose
of representing the child's interests. As added by P.L.1-1997, SEC.9.
IC 31-17-6-5 Representation by attorney
Sec. 5. The guardian ad litem or the court appointed special
advocate may be represented by an attorney. If necessary to protect
the child's interests, the court may appoint an attorney to represent
the guardian ad litem or the court appointed special advocate. As added by P.L.1-1997, SEC.9.
IC 31-17-6-6 Subpoena powers; presentation of evidence
Sec. 6. A guardian ad litem or court appointed special advocate
appointed by a court under this chapter may subpoena witnesses and
present evidence regarding:
(1) the supervision of the action; or
(2) any investigation and report that the court requires of the
guardian ad litem or court appointed special advocate. As added by P.L.1-1997, SEC.9.
IC 31-17-6-7 Continuing supervision
Sec. 7. The court may order a guardian ad litem or court appointed
special advocate appointed by a court under this chapter (or
IC 31-1-11.5-28 before its repeal) to exercise continuing supervision
over the child to assure that the custodial or parenting time terms of
an order entered by the court under IC 31-17-2 or IC 31-17-4 (or
IC 31-1-11.5 before its repeal) are carried out as required by the
court. As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.53.
IC 31-17-6-8 Civil immunity
Sec. 8. Except for gross misconduct:
(1) a guardian ad litem;
(2) a court appointed special advocate;
(3) an employee of a county guardian ad litem or court
appointed special advocate program; or
(4) a volunteer for a guardian ad litem or court appointed
special advocate program;
who performs duties in good faith is immune from any civil liability
that may occur as a result of the person's performance. As added by P.L.1-1997, SEC.9.
IC 31-17-6-9 User fee; funds
Sec. 9. (a) The court may order either or both parents of a child
for whom a guardian ad litem or court appointed special advocate is
appointed under this chapter to pay a user fee for the services
provided under this chapter. The court shall establish one (1) of the
following procedures to be used to collect the user fee:
(1) The court may order the clerk of the court to collect the user
fee and deposit the user fee into the county's guardian ad litem
fund or court appointed special advocate fund. The fiscal body
of the county shall appropriate money collected as user fees
under this chapter to the court having jurisdiction over custody
actions for the court's use in providing guardian ad litem or
court appointed special advocate services, including the costs
of representation.
(2) The court may order either or both parents to pay the user
fee to the:
(A) guardian ad litem program that provided the services; or
(B) court appointed special advocate program that provided
the services.
(3) The court may order either or both parents to pay the user
fee to the individual or attorney guardian ad litem that provided
the services.
(b) Money remaining in a county's:
(1) guardian ad litem fund; or
(2) court appointed special advocate fund;
at the end of the county's fiscal year does not revert to any other
fund.
(c) If the court orders either or both parents to pay the user fee
according to subsection (a)(2) or (a)(3) the program or the individual
or attorney guardian ad litem shall report to the court the receipt of
payment not later than thirty (30) days after receiving the payment. As added by P.L.1-1997, SEC.9.
IC 31-17-6
Chapter 6. Appointment of Guardians Ad Litem and Court
Appointed Special Advocates
IC 31-17-6-1 Appointment
Sec. 1. A court, in a proceeding under IC 31-17-2, IC 31-17-4, this
chapter, IC 31-17-7, or IC 31-28-5, may appoint a guardian ad litem,
a court appointed special advocate, or both, for a child at any time. As added by P.L.1-1997, SEC.9. Amended by P.L.133-2008, SEC.9.
IC 31-17-6-2 Persons ineligible for appointment
Sec. 2. A court may not appoint a party to the proceedings, the
party's employee, or the party's representative as the:
(1) guardian ad litem;
(2) court appointed special advocate;
(3) guardian ad litem program; or
(4) court appointed special advocate program;
for a child who is involved in the proceedings. As added by P.L.1-1997, SEC.9.
IC 31-17-6-3 Protection of best interests of child; term of appointment
Sec. 3. A guardian ad litem or court appointed special advocate
shall represent and protect the best interests of the child. A guardian
ad litem or court appointed special advocate serves until the court
enters an order for removal. As added by P.L.1-1997, SEC.9.
IC 31-17-6-4 Officers of the court
Sec. 4. The guardian ad litem or the court appointed special
advocate, or both, are considered officers of the court for the purpose
of representing the child's interests. As added by P.L.1-1997, SEC.9.
IC 31-17-6-5 Representation by attorney
Sec. 5. The guardian ad litem or the court appointed special
advocate may be represented by an attorney. If necessary to protect
the child's interests, the court may appoint an attorney to represent
the guardian ad litem or the court appointed special advocate. As added by P.L.1-1997, SEC.9.
IC 31-17-6-6 Subpoena powers; presentation of evidence
Sec. 6. A guardian ad litem or court appointed special advocate
appointed by a court under this chapter may subpoena witnesses and
present evidence regarding:
(1) the supervision of the action; or
(2) any investigation and report that the court requires of the
guardian ad litem or court appointed special advocate. As added by P.L.1-1997, SEC.9.
IC 31-17-6-7 Continuing supervision
Sec. 7. The court may order a guardian ad litem or court appointed
special advocate appointed by a court under this chapter (or
IC 31-1-11.5-28 before its repeal) to exercise continuing supervision
over the child to assure that the custodial or parenting time terms of
an order entered by the court under IC 31-17-2 or IC 31-17-4 (or
IC 31-1-11.5 before its repeal) are carried out as required by the
court. As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.53.
IC 31-17-6-8 Civil immunity
Sec. 8. Except for gross misconduct:
(1) a guardian ad litem;
(2) a court appointed special advocate;
(3) an employee of a county guardian ad litem or court
appointed special advocate program; or
(4) a volunteer for a guardian ad litem or court appointed
special advocate program;
who performs duties in good faith is immune from any civil liability
that may occur as a result of the person's performance. As added by P.L.1-1997, SEC.9.
IC 31-17-6-9 User fee; funds
Sec. 9. (a) The court may order either or both parents of a child
for whom a guardian ad litem or court appointed special advocate is
appointed under this chapter to pay a user fee for the services
provided under this chapter. The court shall establish one (1) of the
following procedures to be used to collect the user fee:
(1) The court may order the clerk of the court to collect the user
fee and deposit the user fee into the county's guardian ad litem
fund or court appointed special advocate fund. The fiscal body
of the county shall appropriate money collected as user fees
under this chapter to the court having jurisdiction over custody
actions for the court's use in providing guardian ad litem or
court appointed special advocate services, including the costs
of representation.
(2) The court may order either or both parents to pay the user
fee to the:
(A) guardian ad litem program that provided the services; or
(B) court appointed special advocate program that provided
the services.
(3) The court may order either or both parents to pay the user
fee to the individual or attorney guardian ad litem that provided
the services.
(b) Money remaining in a county's:
(1) guardian ad litem fund; or
(2) court appointed special advocate fund;
at the end of the county's fiscal year does not revert to any other
fund.
(c) If the court orders either or both parents to pay the user fee
according to subsection (a)(2) or (a)(3) the program or the individual
or attorney guardian ad litem shall report to the court the receipt of
payment not later than thirty (30) days after receiving the payment. As added by P.L.1-1997, SEC.9.
