§587-34  Guardian ad litem; court appointed
counsel.  (a)  The court shall appoint a guardian ad litem for the child to
serve throughout the pendency of the child protective proceedings under this
chapter.  The court may appoint additional counsel for the child pursuant to
subsection (c) or independent counsel for any other party if the party is an
indigent, counsel is necessary to protect the party's interests adequately, and
the interests are not represented adequately by another party who is represented
by counsel.



(b)  A guardian ad litem shall:



(1)  Be allowed access to the child by the caretakers
of the child whether caretakers are individuals, authorized agencies, or health
care providers;



(2)  Have the authority to inspect and receive copies
of any records, notes, and electronic recordings concerning the child that are
relevant to the proceedings filed under this chapter without the consent of the
child or individuals and authorized agencies who have control of the child; and



(3)  Be given notice of all hearings and proceedings,
civil or criminal, including, but not limited to, grand juries, involving the
child and shall protect the best interests of the child therein, unless
otherwise ordered by the court.



(c)  A guardian ad litem appointed pursuant to
subsection (a) shall report to the court and all parties in writing at six
month intervals, or as is otherwise ordered by the court, regarding such
guardian ad litem's activities on behalf of the child and recommendations
concerning the manner in which the court should proceed in the best interests
of the child; provided that such guardian ad litem shall make face to face
contact with the child in the child's family or foster home at least once every
three months.  A guardian ad litem shall inform the court of the child's
perceived interests if they differ from those being advocated by the child's
guardian ad litem.  If the child and the child's guardian ad litem are not in
agreement, the court shall evaluate the necessity for appointing special counsel
for the child to serve as the child's legal advocate concerning such issues and
during such proceedings as the court deems to be in the best interests of the
child.



(d)  When the court determines, after such
hearing as the court deems to be appropriate, that a party is incapable of
comprehending the legal significance of the issues or the nature of the child
protective proceedings, the court may appoint a guardian ad litem to represent
the interests of that party; provided that a guardian ad litem appointed
pursuant to this section shall investigate and report to the court in writing
at six month intervals, or as is otherwise ordered by the court, regarding the
current status of the party's disability, including, but not limited to, a
recommendation as to available treatment, if any, for the disability and a
recommendation concerning the manner in which the court should proceed in order
to best protect the interests of the party in conjunction with the court's
determination as to the best interests of the child.



(e)  A guardian ad litem or counsel appointed
pursuant to this section for the child or other party may be paid for by the
court, unless the party for whom counsel is appointed has an independent estate
sufficient to pay such costs.  The court may order the appropriate parties to
pay or reimburse the costs and fees of the guardian ad litem and other counsel
appointed for the child. [L 1986, c 316, §16; am L 1992, c 190, §16]



 



Cross References



 



  Maximum fees for appointed counsel and guardian ad litem, see
§571-87.



 



Rules of Court



 



  Guardians ad litem, see HFCR rule 17(c).



 



Case Notes



 



  Trial court abused its discretion in failing to give notice
of court's intention to reappoint a guardian ad litem and in failing to convene
a hearing pursuant to subsection (d) prior to court's reappointment of guardian
ad litem.  108 H. 144, 118 P.3d 54.



  Procedural due process right not denied when guardian ad
litem not appointed for mother where mother was provided with court-appointed
attorney and, pursuant to subsection (d), court determined mother was capable
of comprehending legal significance of issues.  85 H. 119 (App.), 938 P.2d 178.



  Failure by guardian ad litem to submit written reports and
recommendations to the court concerning the best interests of the child as
mandated by subsection (c) did not require remand where guardian's reports and
recommendation would not have been determinative; other evidence amply
supported court's determination that family supervision was appropriate.  91 H.
166 (App.), 981 P.2d 723.



  Where the testimony at trial of attorney guardian ad litem
was no more than attorney guardian ad litem's report submitted orally and under
oath, testimony did not constitute error, as attorney who was the child's
court-appointed guardian ad litem in the child protective act case under this
chapter was not ipso facto the child's lawyer.  120 H. 116 (App.), 202 P.3d
577.