Rule 5.662. 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.

(Subd (a) amended effective January 1, 2007.)

(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.

(Subd (b) amended effective January 1, 2007.)

(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.

(Subd (c) amended effective January 1, 2007.)

(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.

(Subd (e) amended effective January 1, 2007.)

(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.

(Subd (f) amended effective January 1, 2007.)

Rule 5.662 amended and renumbered effective January 1, 2007; adopted as rule 1448 effective January 1, 2003.


Rules that reference this rule: Rule 5.502 Rule 5.640 Rule 5.661 Rule 8.412