Guardian ad Litem
North Dakota Guardian Ad Litem
Rule
8.7. Guardian ad litem. (a)
Qualification. To qualify as a guardian ad litem under N.D.C.C. §
14-09-06.4, a person must be an attorney licensed in the state of
North Dakota.(b) Training requirements. To be eligible for
appointment as a guardian ad litem, an attorney must have completed
18 hours of guardian ad litem training. To remain eligible to be
appointed as guardian ad litem, an individual shall complete an
additional 18 hours of guardian ad litem-related training every 3
years.(c) Criteria for appointment. A guardian ad litem must be
appointed if the court finds an appointment is necessary to protect
the best interests of the child involved. In determining whether to
appoint a guardian ad litem, the court shall consider among other
factors:(1) whether there is an allegation of sexual abuse;(2)
whether there is an allegation of domestic violence resulting in
serious bodily injury or involving the use of a dangerous weapon;(3)
whether there is an allegation of a pattern of domestic violence
occurring within a reasonable time proximate to the proceeding
resulting in a reasonable fear for the safety of a party or the
minor child;(4) whether the child has special needs;(5) whether the
child has, at any time, been placed in foster care, or in the home
of a third party;(6) whether there is an allegation the child is in
an unstable environment;(7) whether there has been repeated
post-decree litigation involving custody or visitation issues;(8)
whether the interests of the child and either or both parents are in
substantial conflict;(9) whether a guardian ad litem could provide
the court with significant information not otherwise available or
likely to be presented by the parents; and(10) whether there are any
other areas of special concern which may impact the best interests
of the child.(d) Responsibilities of guardian ad litem.(1) A
guardian ad litem shall advocate the best interests of the child as
to legal custody, physical placement, visitation, and support. A
guardian ad litem shall function independently, in the same manner
as an attorney for a party to the action, and, consistent with the
Rules of Professional Conduct, shall consider, but not be bound by,
the wishes of the child or others as to the best interests of the
child.(2) After appointment, a guardian ad litem shall:(A) work with
a custody investigator, if appointed, to coordinate investigation
activities and avoid duplicating services;(B) interview and observe
the child to ascertain the facts relevant to custody, the child's
wishes, the need for independent evaluation, and the need for and
appropriateness of interim judicial relief;(C) advise the child and
the child's parents of the role and responsibilities of the guardian
ad litem;(D) interview potential witnesses, lay and expert, with
relevant knowledge of the child or parties; and(E) participate in
meetings impacting the life of the child, including permanency
planning meetings and other activities as may be directed by the
court.(3) A guardian ad litem may apply for a court order to protect
the child, to obtain temporary relief, to determine custody, or to
determine visitation.(4) A guardian ad litem shall participate
whenever any party requires an interim court order which may affect
the child.(5) A guardian ad litem may request an independent
court-ordered evaluation or study, including a custody
investigation.(6) A guardian ad litem shall participate in all
pretrial procedures and negotiations and endeavor to resolve the
case without the need for a trial.(7) A guardian ad litem shall
observe all statutes, rules, and regulations concerning
confidentiality. A guardian ad litem may not disclose or participate
in the disclosure of information to any person who is not a party to
the case, except as necessary to perform the guardian ad litem
duties or as may be specifically provided by law.(e) Court
proceedings. A guardian ad litem may present a case, cross-examine a
witness, deliver a summation, prepare a memorandum of law, file a
motion, and file or participate in an appeal on issues involving the
best interests of the child.
§ 14-07.1-05.1. Appointment of guardian ad litem for minor
· The
court, upon the request of either party or upon its own motion, may
appoint a guardian ad litem in an action for a protection order to
represent a minor concerning custody, support, or visitation if
either party or the court has reason for special concern as to the
immediate future of the minor. The guardian ad litem may be
appointed at the time of a temporary protection order or at any time
before the full hearing. The role of the guardian ad litem consists
of investigation and making a recommendation and report to the
court. At no time may the involvement of the guardian ad litem alter
the requirements set forth in section 14-07.1-03. The appointment of
the guardian ad litem expires immediately after the full hearing
unless the court retains the right, upon specific finding of need,
to continue the appointment of a guardian ad litem to participate in
visitation. The guardian ad litem shall have access to records
before the court except as otherwise provided by law. The court may
direct either or both parties to pay the guardian ad litem fees
established by the court. If neither party is able to pay the fees,
the court, after notice to the state's attorney of the county of
venue, may direct the fees to be paid, in whole or in part, by the
county of venue. The court may direct either or both parties to
reimburse the county, in whole or in part, for the payment.