78A-2-227 - Appointment of attorney guardian ad litem in child abuse and neglect proceedings.
78A-2-227. Appointment of attorney guardian ad litem in child abuse and neglectproceedings.
(1) Except as provided in Subsection (2), a court may appoint an attorney guardian adlitem in accordance with Title 78A, Chapter 6, Part 9, Guardian Ad Litem, if:
(a) child abuse, child sexual abuse, or neglect is alleged in any proceeding; or
(b) the court considers it appropriate in any proceedings involving alleged abuse, childsexual abuse, or neglect.
(2) (a) A court may not appoint an attorney guardian ad litem in a criminal case.
(b) Subsection (2)(a) does not prohibit the appointment of an attorney guardian ad litemin a case where a court is determining whether to adjudicate a minor for committing an act thatwould be a crime if committed by an adult.
(c) Subsection (2)(a) does not prohibit an attorney guardian ad litem from entering anappearance, filing motions, or taking other action in a criminal case on behalf of a minor, if:
(i) the attorney guardian ad litem is appointed to represent the minor in a case that is nota criminal case; and
(ii) the interests of the minor may be impacted by:
(A) an order that has been, or may be, issued in the criminal case; or
(B) other proceedings that have occurred, or may occur, in the criminal case.
(3) If a court appoints an attorney guardian ad litem in a divorce or child custody case,the court shall:
(a) specify in the order appointing the attorney guardian ad litem the specific issues in theproceeding that the attorney guardian ad litem is required to be involved in resolving, which mayinclude issues relating to the custody of children and parent-time schedules;
(b) to the extent possible, bifurcate the issues specified in the order described inSubsection (3)(a) from the other issues in the case, in order to minimize the time constraintsplaced upon the attorney guardian ad litem in the case; and
(c) except as provided in Subsection (5), within one year after the day on which theattorney guardian ad litem is appointed in the case, issue a final order:
(i) resolving the issues described in the order described in Subsection (3)(a); and
(ii) terminating the appointment of the attorney guardian ad litem in the case.
(4) The court shall issue an order terminating the appointment of an attorney guardian adlitem made under this section, if:
(a) the court determines that the allegations of abuse or neglect are unfounded;
(b) after receiving input from the attorney guardian ad litem, the court determines that thechildren are no longer at risk of abuse or neglect; or
(c) there has been no activity in the case for which the attorney guardian ad litem isappointed for a period of six consecutive months.
(5) A court may issue a written order extending the one-year period described inSubsection (3)(c) for a time-certain, if the court makes a written finding that there is a compellingreason that the court cannot comply with the requirements described in Subsection (3)(c) withinthe one-year period.
(6) When appointing an attorney guardian ad litem for a minor under this section, a courtmay appoint the same attorney guardian ad litem who represents the minor in another proceeding,or who has represented the minor in a previous proceeding, if that attorney guardian ad litem isavailable.
(7) The court is responsible for all costs resulting from the appointment of an attorneyguardian ad litem and shall use funds appropriated by the Legislature for the guardian ad litemprogram to cover those costs.
(8) (a) If the court appoints the Office of the Guardian Ad Litem in a civil case pursuantto this section, the court may assess all or part of those attorney fees, court costs, paralegal, staff,and volunteer expenses against the minor's parent, parents, or legal guardian in an amount thatthe court determines to be just and appropriate.
(b) The court may not assess those fees or costs against a legal guardian, when thatguardian is the state, or against a parent, parents, or legal guardian who is found to beimpecunious. If a person claims to be impecunious, the court shall require of that person anaffidavit of impecuniosity as provided in Section 78A-2-302 and the court shall follow theprocedures and make the determinations as provided in Section 78A-2-302.
(9) An attorney guardian ad litem appointed in accordance with the requirements of thissection and Title 78A, Chapter 6, Part 9, Guardian Ad Litem is, when serving in the scope ofduties of an attorney guardian ad litem, considered an employee of this state for purposes ofindemnification under the Governmental Immunity Act.
Amended by Chapter 32, 2009 General Session