Supreme Court Rules

First Adopted: May 20, 2009

Most Recently Effective: September 01, 2011

Appendix C | Standards with Comments for Guardians ad Litem in Juvenile and Family Court Division Matters |

Standard 08.0 | Progress of the Case through the Court Process

The guardian ad litem shall review the progress of a child's case through the court process and advocate for timely hearings, provision of necessary services, and compliance with court orders.

Comment

The harmful effects of prolonged foster care and a lack of permanency planning for children are serious and well documented. (Foster Children in the Courts, edited by Mark Hardin, 1983; Addressing the Impact of Foster Care on Biological Children and Their Families, by Maha Younes, 2007. )

Children need permanence, absent compelling reasons to the contrary. The guardian ad litem should advocate for a timely, permanent resolution of the case. The guardian ad litem has a duty of diligent and prompt representation and a duty to expedite litigation, especially where placement of a young child is at issue. The guardian ad litem should attempt to reduce case delays and promote permanency for the child. While it is recognized that delays are usually harmful, there may be some circumstances when delays may be beneficial to the child and should be utilized.

Representing the best interests of a child should reflect the passage of time and the changing needs of the child. The guardian ad litem should stay in touch with the child, third party caretakers, case workers, and service providers throughout the term of appointment to ensure the child’s needs are met and the case moves quickly to an appropriate resolution. The guardian ad litem should monitor the implementation of the court’s orders and communicate any noncompliance to the responsible agency and, if necessary, to the court. The guardian ad litem should ensure services are provided and the court’s orders are implemented in a complete and timely fashion.


(Adopted May 20, 2009, effective January 1, 2010. Amended August 29, 2011, effective September 1, 2011.)
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