CHAPTER 6. APPOINTMENT OF GUARDIANS AD LITEM AND COURT APPOINTED SPECIAL ADVOCATES
IC 31-17-6
Chapter 6. Appointment of Guardians Ad Litem and CourtAppointed Special Advocates
IC 31-17-6-1
Appointment
Sec. 1. A court, in a proceeding under IC 31-17-2, IC 31-17-4, thischapter, 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, theparty'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 advocateshall represent and protect the best interests of the child. A guardianad litem or court appointed special advocate serves until the courtenters 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 specialadvocate, or both, are considered officers of the court for the purposeof 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 specialadvocate may be represented by an attorney. If necessary to protectthe child's interests, the court may appoint an attorney to representthe 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 advocateappointed by a court under this chapter may subpoena witnesses andpresent evidence regarding: (1) the supervision of the action; or
(2) any investigation and report that the court requires of theguardian 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 appointedspecial advocate appointed by a court under this chapter (orIC 31-1-11.5-28 before its repeal) to exercise continuing supervisionover the child to assure that the custodial or parenting time terms ofan order entered by the court under IC 31-17-2 or IC 31-17-4 (orIC 31-1-11.5 before its repeal) are carried out as required by thecourt.
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 courtappointed special advocate program; or
(4) a volunteer for a guardian ad litem or court appointedspecial advocate program;
who performs duties in good faith is immune from any civil liabilitythat 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 childfor whom a guardian ad litem or court appointed special advocate isappointed under this chapter to pay a user fee for the servicesprovided under this chapter. The court shall establish one (1) of thefollowing procedures to be used to collect the user fee:
(1) The court may order the clerk of the court to collect the userfee and deposit the user fee into the county's guardian ad litemfund or court appointed special advocate fund. The fiscal bodyof the county shall appropriate money collected as user feesunder this chapter to the court having jurisdiction over custodyactions for the court's use in providing guardian ad litem orcourt appointed special advocate services, including the costsof representation.
(2) The court may order either or both parents to pay the userfee to the:
(A) guardian ad litem program that provided the services; or
(B) court appointed special advocate program that providedthe services.
(3) The court may order either or both parents to pay the user
fee to the individual or attorney guardian ad litem that providedthe 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 otherfund.
(c) If the court orders either or both parents to pay the user feeaccording to subsection (a)(2) or (a)(3) the program or the individualor attorney guardian ad litem shall report to the court the receipt ofpayment not later than thirty (30) days after receiving the payment.
As added by P.L.1-1997, SEC.9.