Minn. Juve. Prot. P. 37.04
The guardian ad litem shall request appointment of counsel for a child if the guardian ad litem determines that the appointment is necessary to protect the legal rights or legal interests of the child.
Minn. Juve. Prot. P. 37.04
2019 Advisory Committee Comment
Rule 37 is amended in 2019 as part of a revision of the Rules of Juvenile Protection Procedure. The rule was formerly codified as Rule 26. The amendments are not intended to substantively change the rule's meaning.
Rule 37.01 refers to the requirements in Minn. Stat. § 260C.163, subd. 5, which requires the court to appoint a guardian ad litem in many circumstances. Rule 37.01 is also consistent with the requirements of the federal Child Abuse Prevention and Treatment Act (CAPTA) for states to receive federal grants for child protection prevention and treatment services. 42 U.S.C. § 5106a(b)(2)(B)(xiii). The state statutory requirements for appointing a guardian ad litem are broader than the federal CAPTA requirements. Rule 37.01, subd. 5, reflects the statutory prohibition in Minn. Stat. § 260C.163, subd. 3(f) against a child's counsel acting as the child's guardian ad litem.
Former Rule 26.05 governed reimbursement for the costs of a court-appointed guardian ad litem, and has been moved to Rule 37.01, subd. 7 for clarity.