Role of a Guardian ad Litem in North Dakota
In North Dakota, a guardian ad litem plays a crucial role in legal proceedings involving the welfare of a child. The guardian ad litem is appointed by the court to represent the best interests of the child in cases such as divorce, custody disputes, or child abuse and neglect cases. The guardian ad litem’s responsibilities are outlined in the North Dakota Century Code and court rules.
Appointment and Responsibilities
According to North Dakota Century Code 14-07.1-05.1, the court may appoint a guardian ad litem upon the request of either party or on its own motion. This appointment may occur at the time of a temporary protection order or at any time before the full hearing. The guardian ad litem’s role consists of investigation and making a recommendation and report to the court.
Once appointed, the guardian ad litem has several responsibilities. They are expected to advocate for the best interests of the child in matters of parental rights, responsibilities, and support. They function independently, much like an attorney for a party to the action, and are not bound by the wishes of the child or others regarding the child’s best interests.
Specific Duties
The guardian ad litem’s duties, as outlined in the provided context, include:
- Working with a parenting investigator, if appointed, to coordinate investigation activities and avoid duplicating services.
- Interviewing and observing the child to ascertain facts relevant to parental rights and responsibilities, the child’s wishes, the need for independent evaluation, and the need for and appropriateness of interim judicial relief.
- Advising the child and the child’s parents of the role and responsibilities of the guardian ad litem.
- Interviewing potential witnesses, both lay and expert, with relevant knowledge of the child or parties.
- Participating in meetings impacting the life of the child, including permanency planning meetings and other activities as directed by the court.
Legal Authority
A guardian ad litem has the authority to apply for a court order to protect the child, obtain temporary relief, and determine parenting rights and responsibilities. They are also expected to participate whenever any party requests an interim court order that may affect the child. They can request an independent court-ordered evaluation or study, including a parenting investigation, and are expected to participate in all pretrial procedures and negotiations, endeavoring to resolve the case without the need for a trial.
Confidentiality and Fees
A guardian ad litem must observe all statutes, rules, and regulations concerning confidentiality. They 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 their duties or as specifically provided by law.
As per the court’s direction, either or both parties may be required to pay the attorney guardian ad litem fee. If neither party is able to pay the fee, the court may direct the fee to be paid, in whole or in part, by the county where the child resided at the time.
In conclusion, a guardian ad litem in North Dakota plays a vital role in representing the best interests of a child in legal proceedings. Their responsibilities are extensive and varied, ranging from conducting investigations to making recommendations to the court.