Order Appointing Guardian Ad Litem and Order Appointing Attorney(s)

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					Order Appointing Guardian Ad Litem and Order Appointing Attorney(s)1

        IN THE DISTRICT COURT OF THE ^^^^^ JUDICIAL DISTRICT OF
          THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ^^^^^


IN THE MATTER OF:                        )             Case No. ^^^^^
                                         )
                                         )             ORDER APPOINTING GUARDIAN(S)
                                         )             AD LITEM AND/OR ATTORNEY(S)
                                         )
                                         )
[A Child][Children] Under Eighteen       )
Years of Age. __________________________ )


Pursuant to Idaho Code §§ 16-1614, IT IS HEREBY ORDERED that:

[ ]    1.      ____________________ is appointed as guardian ad litem for the above-

       named child/children.


[ ]    2.      ____________________ is appointed as attorney for the guardian ad

       litem. The phone number for the attorney is _______________.


[ ]    3.      ____________________ is appointed as attorney for the above-named

       child/children. The attorney [ ] will [ ] will not have the powers of a guardian

       ad litem. The attorney’s phone number is ________________.



IT IS FURTHER ORDERED that:

1.     Upon presentation of this Order to any agency, hospital, organization, school,

person or office, including the Clerk of the Court, Department of Health and Welfare,

physicians, psychologists, psychiatrists, and police departments, the aforementioned shall

permit the [Guardian Ad Litem] [and/or] [Attorney] to inspect and/or copy any records or



ORDER APPOINTING GUARDIAN AD LITEM AND/OR ATTORNEY(S)                              PAGE 1
reports other than records or reports protected under the provisions of Idaho Code § 66-

348, (dealing with records of hospitalization of the mentally ill), 38 U.S.C. § 7332

(dealing with drug or alcohol abuse and sickle cell anemia records maintained by the

Veteran's Administration), 38 U.S.C. § 3301 (dealing with claims under laws

administered by the Veteran's Administration), or 42 U.S.C. § 290ee-3 (dealing with

certain records maintained pursuant to drug abuse prevention programs which receive

federal assistance) relating to the above-named child, his/her parents, custodians, or

guardians, without prior consent by said parents, custodians, or guardians.



2.     The [Guardian Ad Litem] [and/or] [Attorney] shall maintain any information

received from any such source as confidential and will not disclose the same except in

reports to the Court and other parties to this action.



3.     The [Guardian Ad Litem] [and/or] [Attorney] is empowered to the extent

permitted by law to consent on behalf of the [child] [children] to disclosure of records

and reports which would otherwise not be subject to disclosure.



4.     The [Guardian Ad Litem] [and/or] [Attorney] is to act as an advocate for the best

interest of the [child] [children] at each stage of the proceedings in this case. To that end,

the [Guardian Ad Litem] [and/or] [Attorney] shall participate fully in the proceedings to

adequately represent the [child] [children].




ORDER APPOINTING GUARDIAN AD LITEM AND/OR ATTORNEY(S)                                  PAGE 2
5.     The Guardian Ad Litem may, through appointed counsel, file with the court any

and all applicable pleadings, motions, memoranda, or other documents permitted under

the applicable statutes or rules of procedure.



6.     The [Guardian Ad Litem][and/or] [Attorney] shall receive any and all applicable

pleadings, motions, memoranda, or other documents permitted under applicable statutes

or rules of procedure.



7.     All persons upon whom this Order is served, including the Department of Health

and Welfare, shall notify the [Guardian Ad Litem] [and/or] [Attorney] of all hearings,

staffings, investigations, dispositions, treatment plans, depositions, or other proceedings

concerning the [child] [children].



8.     Subject to further order of the court, this Order shall continue in full force and

effect until such time as the court's jurisdiction in the Child Protective Act case shall be

terminated as more fully provided in Idaho Code § 16-1604.


               DATED this _______ day of ________________________, __________.

                                                 ___________________________________
                                                 JUDGE

                         CERTIFICATE OF SERVICE

       I certify that on the _____ day of _______________, 20_____, I served true and

accurate copies of the foregoing document on the following persons, either by deposit in

the U.S. Mail, addressed as follows and with the correct first-class postage affixed




ORDER APPOINTING GUARDIAN AD LITEM AND/OR ATTORNEY(S)                                  PAGE 3
thereto, or be deposit in the designated courthouse mailbox, or by hand-delivery, as

indicated below:


Name:
Served by:
[ ]    Hand-delivery
[ ]    Deposit in the designated courthouse mailbox
[ ]    By deposit in the U.S. Mail addressed as follows:



Name:
Served by:
[ ]    Hand-delivery
[ ]    Deposit in the designated courthouse mailbox
[ ]    By deposit in the U.S. Mail addressed as follows:



Name:
Served by:
[ ]    Hand-delivery
[ ]    Deposit in the designated courthouse mailbox
[ ]    By deposit in the U.S. Mail addressed as follows:



Name:
Served by:
[ ]    Hand-delivery
[ ]    Deposit in the designated courthouse mailbox
[ ]    By deposit in the U.S. Mail addressed as follows:



                                                                 ____________________________
                                                                 Deputy Clerk


Last updated January 20, 2007. Click http://www.isc.idaho.gov/childapx.htm for most current version.

1
  Idaho Code §§ 16-1614 and IJR 36 and 37 require the appointment of a guardian ad litem or an attorney
for the child. If a guardian ad litem is appointed, the statute and the rules provide for the appointment of an
attorney for the guardian ad litem. Idaho Code §§ 16-1633 and 16-1634 set forth the powers and duties of
the guardian ad litem. The role of the guardian ad litem and the role of the attorney for either the child or



ORDER APPOINTING GUARDIAN AD LITEM AND/OR ATTORNEY(S)                                                 PAGE 4
the guardian, as well as the considerations for the court in making these appointments, are discussed in the
Idaho Child Protection Manual at §IV.C.8.




ORDER APPOINTING GUARDIAN AD LITEM AND/OR ATTORNEY(S)                                                PAGE 5