45.0326 Appointment of guardian ad litem.

Cite as [A.S.C.A. § 45.0326]

(a) The court may appoint a guardian ad litem to protect the interest of a child in proceedings under paragraph (a)(l), (a)(2) or (c)(l) of 45.0115 when:

(1) no parent, guardian, legal custodian, or relative of the child appears at the first or any subsequent hearing in the case; or

(2) the court finds that there may be a conflict of interest between the child and his parent, guardian, or other legal custodian; or

(3) the court finds that it is in the child’s interest and necessary for his welfare, whether or not a parent, guardian, or other legal custodian is present.

(b) The court shall appoint a guardian ad litem for any parent in proceedings under paragraph (a)(3) or (a)(5) of 45.0115 who has been adjudicated as mentally ill by a court of competent jurisdiction or is developmentally disabled, except that if a conservator has been appointed, the conservator may serve as the guardian ad litem. If the conservator does not serve as guardian ad litem, he shall be informed that a guardian ad litem has been appointed.

(c) At the time any child first appears in court, if it is determined that he has no guardian of his person, the court shall appoint a guardian of the person of the child before proceeding with the matter.

(d) In all proceedings brought for the protection of a child suffering from abuse or nonaccidental injury, following a report made under 45.2010, a guardian ad litem shall be appointed for this child. The guardian shall have the powers and duties specified in 45.2017.

History: 1980, PL 16-71 § 1.

Research Guide: CRS 19-3-105, 21 ASC 2911.