Guam § 13308 - Guardian Ad Litem; Counsel.

§ 13308. Guardian Ad Litem; Counsel.

(a) The court shall appoint a guardian ad litem for the child to serve throughout the pendency of the

child protective proceeding under this Chapter, provided, that a guardian ad litem’s appointment shall

automatically terminate upon an award of permanent custody of the child by the court, unless otherwise

ordered by the court. The court may appoint additional counsel for the child pursuant to subsection (c) or

independent counsel for any other party if such party is indigent, the child protective proceeding is complex,

counsel is necessary to protect the party’s interests adequately and the interests are not represented

adequately by another party who is represented by counsel.

(b) Where the court determines, after such hearing as the court deems to be appropriate, that a party is

incapable of comprehending the legal significance of the issues or the nature of the child protective

proceeding, the court may appoint a guardian ad litem to represent the interests of that party; provided that

a guardian ad litem appointed pursuant to this section shall investigate and report to the court in writing at

six-month intervals, or as is otherwise ordered by the court, regarding the current status of the ward’s

disability, including but not limited to a recommendation as to available treatment, if any, for such disability

and a recommendation concerning the manner in which the court should proceed in order to best protect

the interests of the ward in conjunction with the court’s determination as to the best interests of the child.

(c) A guardian ad litem appointed pursuant to subsection (a) shall report to the court in writing at six-

month intervals, or as is otherwise ordered by the court, regarding such guardian ad litem’s activities on

behalf of the child and recommendations concerning the manner in which the court should proceed in the

best interests of the child, provided that such guardian ad litem shall make face to face contact with the

child in the child’s family or foster home at least once every three months. Such guardian ad litem shall

also inform the court of the child’s perceived interests if they differ from those being advocated by the

child’s guardian ad litem. If the child and the child’s guardian ad litem are not in agreement, the court shall

evaluate the necessity for appointing special counsel for the child to serve as the child’s legal advocate

concerning such issues and during such proceedings as the court deems to be in the best interests of the

child.

(d) A guardian ad litem or counsel appointed pursuant to this section for the child or other party shall

be paid for by the court unless the party for whom counsel is appointed has an independent estate sufficient

to pay such costs. The court may order the appropriate parties to pay reimbursement to the court for the

costs and fees of the guardian ad litem and other counsel appointed for the child.

(e) A guardian ad litem shall:

(1) Be allowed access to the child by the caretakers of the child whether the caretakers are

individuals, authorized agencies or health care providers;

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(2) Have the authority to inspect and receive copies of any records, notes and electronic

recordings concerning the child that are relevant to the proceedings filed under this Chapter without

the consent of the child or individuals and authorized agencies who have control of the child; and

(3) Be given notice of all hearings and proceedings, civil or criminal, including but not limited to

grand juries, involving the child and shall protect the best interests of the child therein, unless otherwise

ordered by the court.