Minn. Juve. Prot. P. 37.01

As amended through October 28, 2024

Rule 37.01 - Appointment for Child

Subd.1. Mandatory Appointment Generally Required. Where Minn. Stat. § 260C.163, subd. 5 requires appointment of a guardian ad litem, the court shall appoint a guardian ad litem under the procedures set forth in General Rule of Practice 903.02. If the court has issued an order appointing a person as a guardian ad litem in a child in need of protection or services matter, the court may, but is not required to, issue an order reappointing the same person in the termination of parental rights or other permanent placement matter. An appointment order is required only if a new person is being appointed as guardian ad litem.

Subd. 2. Discretionary Appointment. Where Minn. Stat. § 260C.163, subd. 5 does not require appointment of a guardian ad litem, the court may appoint a guardian ad litem under the procedures set forth in General Rule of Practice 903.02.

Subd. 3. Timing; Method of Appointment. Appointment of a guardian ad litem shall occur prior to the emergency protective care hearing or the admit-deny hearing, whichever occurs first. The court may appoint a person to serve as guardian ad litem for more than one child in a proceeding. The appointment of a guardian ad litem shall be subject to General Rules of Practice 901-907.

Subd. 4. Responsibilities; Rights. The guardian ad litem shall carry out the responsibilities set forth in Minn. Stat. § 260C.163, subd. 5(b). The guardian ad litem shall have the rights set forth in General Rule of Practice 907.

Subd. 5. Guardian Ad Litem Not Also Counsel for Child. The child's guardian ad litem shall not also serve as the child's counsel.

Subd. 6. Counsel for Child Not Also Counsel for Guardian Ad Litem. The child's counsel shall not also serve as counsel for the guardian ad litem.

Subd. 7. Reimbursement. Whenever a guardian ad litem is appointed for a child, the court may make inquiries authorized by Minn. Stat. § 260C.331, subd. 6 into the ability of the parents to pay for the guardian ad litem's services, and may make any orders as authorized by that statute.

Minn. Juve. Prot. P. 37.01

Amended 9/1/2019.