State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-272_01

43-272.01. Guardianad litem; appointment; powers and duties; consultation; payment of costs.(1) A guardian ad litem as provided for in subsections (2)and (3) of section 43-272 shall be appointed when a child is removed fromhis or her surroundings pursuant to subdivision (2)or (3) of section 43-248, subsection(2) of section 43-250, or section 43-251. If removal has not occurred,a guardian ad litem shall be appointed at the commencement of all cases broughtunder subdivision (3)(a) or (8) of section 43-247 and section 28-707.(2) In the course of discharging duties as guardian ad litem,the person so appointed shall consider, but not be limited to, the criteriaprovided in this subsection. The guardian ad litem:(a) Is appointed to stand in lieu of a parent for a protectedjuvenile who is the subject of a juvenile court petition, shall be presentat all hearings before the court in such matter unless expressly excused bythe court, and may enter into such stipulations and agreements concerningadjudication and disposition deemed by him or her to be in the juvenile'sbest interests;(b) Is not appointed to defend the parents or other custodianof the protected juvenile but shall defend the legal and social interestsof such juvenile. Social interests shall be defined generally as the usualand reasonable expectations of society for the appropriate parental custodyand protection and quality of life for juveniles without regard to the socioeconomicstatus of the parents or other custodians of the juvenile;(c) May at any time after the filing of the petition movethe court of jurisdiction to provide medical or psychological treatment orevaluation as set out in section 43-258. The guardian ad litem shall haveaccess to all reports resulting from any examination ordered under section 43-258, and such reports shall be used for evaluating the status of the protectedjuvenile;(d) Shall make every reasonable effort to become familiarwith the needs of the protected juvenile which (i) shall include consultationwith the juvenile within two weeks after the appointment and once every sixmonths thereafter and inquiry of the most current caseworker, foster parent,or other custodian and (ii) may include inquiry of others directly involvedwith the juvenile or who may have information or knowledge about the circumstanceswhich brought the juvenile court action or related cases and the developmentof the juvenile, including biological parents, physicians, psychologists,teachers, and clergy members;(e) May present evidence and witnesses and cross-examinewitnesses at all evidentiary hearings. In any proceeding under this sectionrelating to a child of school age, certified copies of school records relatingto attendance and academic progress of such child are admissible in evidence;(f) Shall be responsible for making recommendations to thecourt regarding the temporary and permanent placement of the protected juvenileand shall submit a written report to the court at every dispositional or reviewhearing, or in the alternative, the court may provide the guardian ad litemwith a checklist that shall be completed and presented to the court at everydispositional or review hearing;(g) Shall consider such other information as is warrantedby the nature and circumstances of a particular case; and(h) May file a petition in the juvenile court on behalf ofthe juvenile, including a supplemental petition as provided in section 43-291.(3) Nothing in this section shall operate to limit the discretionof the juvenile court in protecting the best interests of a juvenile who isthe subject of a juvenile court petition.(4) For purposes of subdivision (2)(d) of this section, thecourt may order the expense of such consultation, if any, to be paid by thecounty in which the juvenile court action is brought or the court may, afternotice and hearing, assess the cost of such consultation, if any, in wholeor in part to the parents of the juvenile. The ability of the parents to payand the amount of the payment shall be determined by the court by appropriateexamination. SourceLaws 1982, LB 787, § 13; Laws 1985, LB 447, § 21; Laws 1990, LB 1222, § 2; Laws 1992, LB 1184, § 12; Laws 1995, LB 305, § 1; Laws 1997, LB 622, § 68; Laws 2008, LB1014, § 39; Laws 2010, LB800, § 21.Effective Date: July 15, 2010AnnotationsSubsection (2) of this section is not rendered unconstitutional by its authorization for a guardian ad litem to perform the investigatory duties of a guardian ad litem as well as bring and try a motion to terminate parental rights. In re Interest of Kantril P. & Chenelle P., 257 Neb. 450, 598 N.W.2d 729 (1999).A guardian ad litem has the authority to present evidence and witnesses, to cross-examine witnesses at all evidentiary hearings, and to argue. In re Interest of R.G., 238 Neb. 405, 470 N.W.2d 780 (1991).If the record supports the action, either the trial court or the appellate court can disallow guardian ad litem fees as too high, without the support of expert testimony. In re Interest of Antone C. et al., 12 Neb. App. 152, 669 N.W.2d 69 (2003).The touchstone for awarding guardian ad litem fees is reasonableness, both of the necessity of the services rendered and the fees awarded. In re Interest of Antone C. et al., 12 Neb. App. 152, 669 N.W.2d 69 (2003).Without something to support a finding that a guardian ad litem's fact investigation was not proper or not required, the disallowance of a charge as unreasonable on the ground that the investigation was unnecessary is questionable. In re Interest of Antone C. et al., 12 Neb. App. 152, 669 N.W.2d 69 (2003).