Child Abuse Prevention and Treatment Act (CAPTA) guardian ad litem for a child subject to a juvenile dependency petition

(a) Authority

This rule is adopted under section 326.5.

(b) Applicability

The definition of the role and responsibilities of a CAPTA guardian ad litem in this rule applies exclusively to juvenile dependency proceedings and is distinct from the definitions of guardian ad litem in all other juvenile, civil, and criminal proceedings. No limitation period for bringing an action based on an injury to the child commences running solely by reason of the appointment of a CAPTA guardian ad litem under section 326.5 and this rule.

(c) Appointment

A CAPTA guardian ad litem must be appointed for every child who is the subject of a juvenile dependency petition under section 300. An attorney appointed under rule 5.660 will serve as the child's CAPTA guardian ad litem under section 326.5. If the court finds that the child would not benefit from the appointment of counsel, the court must appoint a CASA volunteer to serve as the child's CAPTA guardian ad litem. The court must identify on the record the person appointed as the child's CAPTA guardian ad litem.

(d) General duties and responsibilities

The general duties and responsibilities of a CAPTA guardian ad litem are:

(1) To obtain firsthand a clear understanding of the situation and needs of the child; and

(2) To make recommendations to the court concerning the best interest of the child as appropriate under (e) and (f).

(e) Attorney as guardian ad litem

The specific duties and responsibilities of the child's court-appointed attorney who is appointed to serve as the child's CAPTA guardian ad litem are stated in section 317(e) and rule 5.660.

(f) CASA volunteer as CAPTA guardian ad litem

The specific duties and responsibilities of the child's CASA volunteer who is appointed to serve as the child's CAPTA guardian ad litem are stated in section 102(c) and rule 5.655.