RULE 17. JUVENILE COURT LAY GUARDIAN AD LITEM

(a) Qualifications.

(1) Before a person is eligible for service as a lay guardian ad litem, the person must satisfy the following minimum qualifications:

(A) Possess written credentials establishing that the person has:

(i) a bachelor's degree, preferably in a human service, education or related field; or

(ii) an associate degree in an academic field related to child care, child development, or children's services and at least three years of experience in the delivery or supervision of child care or children's services, child development services, or in the education of children.

(B) Complete a minimum of 18 hours of specialized lay guardian ad litem training;

(C) Complete an additional 18 hours of approved guardian ad litem training every three years to include Indian child welfare training; and

(D) Possess communication skills necessary to successfully conduct an interview, prepare a written report, and make an oral presentation.

(2) A person is not eligible for service as a lay guardian ad litem if the person:

(A) has pled guilty or been found guilty of a felony;

(B) has pled guilty or been found guilty of an offense under N.D.C.C. ch. 12.1-20 or equivalent statute or ordinance;

(C) has admitted or been adjudicated in juvenile court of an offense under N.D.C.C. ch. 12.1-20 or equivalent statute or ordinance; or

(D) has committed a substantiated instance of child abuse or neglect, regardless of whether a criminal conviction was obtained.

(b) Responsibilities of a lay guardian ad litem in children in need of protection, juvenile guardianship, termination of parental rights, and re-establishment of parental rights cases. A lay guardian ad litem must:

(1) advocate for the best interests of the child;

(2) complete work in a timely, unbiased, and respectful manner according to the court order appointing the guardian ad litem, while exercising independent judgment, gathering information, participating in case resolutions, and monitoring the case for the purpose of providing information and recommendations to the court, including:

(A) review relevant documents; including human service zone files, psychological, psychiatric, medical, therapy, and education records;

(B) meet with and observe the child in the home setting or placement or educational setting;

(C) interview parents, guardians, and other interested parties with relevant information to the case; and

(D) when directed to provide post-disposition monitoring:

(i) meet with each child, parent and foster parent for one hour once per month; and

(ii) attend quarterly children and family team meetings.

(3) participate in meetings impacting the life of a child, including attending all court proceedings related to the child in need of protection matter and other activities as directed by the court in the child's best interest for pre or post adjudication matters such as, child-family team meetings, family-centered engagement meetings, settlement negotiations and appropriate school meetings. A lay guardian ad litem must not facilitate or supervise parenting time, arrange for, facilitate or supervise therapeutic services, provide services that pertain to the role of the victim witness coordinator, or provide case management to parties in the case.

(4) obtain releases of information as required and observe all statutes, rules and regulations, regarding confidentiality. A lay guardian ad litem must not disclose or participate in the disclosure of information to any person, except as necessary to perform the guardian ad litem duties specifically provided by law.

(5) prepare a written report regarding the child's best interests relating to mental well-being, physical health, safety, necessary services, day-to-day care, and cultural connections. The report must include, including conclusions with specific recommendations as appropriate to the facts of the case—psychological, psychiatric, parenting and chemical dependency evaluations or services or treatment considered necessary for both child and parent

(A) This report must be submitted to the juvenile court at least five working days before the initial hearing date on a petition, juvenile evidentiary hearing, or permanency/review hearing or as otherwise as directed by the court, and upon receipt copies must be provided to all parties by the juvenile court.

(B) The juvenile court has discretion to receive a report submitted later than five working days before the initial hearing date on the petition, juvenile evidentiary hearing, or permanency/review hearing.

(6) treat all individuals with dignity, respect and sensitivity to religious background, racial or ethnic heritage, cultural, gender/orientation and socio-economic diversity.

(7) comply with all state laws regarding the reporting of child abuse or neglect.

(c) Rights and powers of a lay guardian ad litem.

(1) Court Proceedings. A lay guardian ad litem must attend all court proceedings unless excused by the court and must testify when requested. Except as allowed under Rule 5(d), a lay guardian ad litem may not call a witness, question a witness, file a motion, or act as a legal advocate.

(2) Interim Report. A lay guardian ad litem may submit an interim report post-disposition and request a case status review. The interim report must be served on each party, who may serve and file a response within ten days after service of the report. The court may consider the interim report and any response without oral argument or evidentiary hearing. If the court finds grounds for a case status review, the court must set a hearing.

(d) Lay guardian ad litem training. The state court administrator must provide for regular training programs to satisfy the qualification requirements under subparagraphs (a)(1)(B) and (C). The state court administrator must provide for the development and maintenance of a lay guardian ad litem manual to serve as a resource for those providing services under this rule and as a basis for lay guardian ad litem training programs.

(e) Complaints - Procedure for Review.

(1) All complaints concerning the performance and conduct of lay guardians providing services under this rule must be submitted in writing to the staff attorney for the state court administrator's office. The complaint must include facts underlying the complaint, must specify the misconduct that is the subject of the complaint, and must be signed by the complainant.

(2) Upon receipt of a written complaint, the staff attorney must determine if the complaint is with regard to a pending case in which lay guardian ad litem services are being provided. If the complaint involves lay guardian ad litem conduct in a pending case, the staff attorney must inform the complainant that the complaint may only be addressed before the court that is hearing the pending case, either by seeking removal of the lay guardian or by contesting the information or recommendation contained in the lay guardian ad litem's report or testimony. In pending cases, review of the complaint and communications with the complainant must be handled by the staff attorney in a manner that assures the judge or referee presiding in the case remains uninformed about the complaint. If the complaint concerns conduct unrelated to a pending case, the following procedures apply:

(A) The staff attorney must review the complaint to determine whether the allegations, if true, have merit. If the allegations are determined to be without merit, the complaint will not be reviewed further and the staff attorney must notify the complainant of the disposition.

(B) If the staff attorney determines the allegations in the complaint, if true, have merit, the complaint must be referred to a temporary three-member panel appointed by the chief justice. The panel must provide a copy of the complaint to the lay guardian ad litem and request a written response from the lay guardian ad litem within 30 days of receipt of the request. The request must identify specific issues in the complaint to which the panel desires a response. The lay guardian ad litem must provide a copy of the response to the complainant. The panel may, as circumstances warrant, request that the complainant and the lay guardian ad litem meet with the panel to review the allegations in the complaint.

(3) Misconduct. In reviewing a complaint, the panel must consider whether the allegations in the complaint indicate any of the following forms of misconduct:

(A) failure to fulfill responsibilities required subdivision (b);

(B) violation of the code of conduct for a lay guardian ad litem, which is included and incorporated in Rule 17 as an appendix;

(C) misrepresentation of qualifications to serve as a lay guardian ad litem;

(D) violation of state or local laws or court rules; or

(E) taking or failing to take any other action that would reasonably place the suitability of the person to serve as a lay guardian ad litem in question.

(4) Findings and Dispositions. In considering the complaint and the lay guardian ad litem's written response, the panel must make findings regarding each of the specific issues in the complaint to which the panel requested a response. The findings must indicate that either there is no merit to the issue based on the lay guardian ad litem's response or that there is merit to the issue. The panel must determine whether the issues found to have merit indicate any form of misconduct identified under paragraph (e)(3). The panel may take any of the following actions: issue a written reprimand, refer the lay guardian ad litem to additional training, require that the lay guardian ad litem be assigned a mentor for a specified period of time, or direct that the lay guardian ad litem be removed from the roster. The panel must take into consideration any prior complaints that resulted in the imposition of any of the identified actions. The complainant and the lay guardian ad litem must be notified in writing of the panel's disposition of the complaint. If the panel directs removal from the roster, the panel may specify the manner and time frame within which the person may apply for placement at a later time on the roster.

(5) Confidentiality. A complaint and any associated records are confidential unless the panel has determined that the complaint has merit. Confidential records may be disclosed only in response to a court order.

(6) Time Frames for Disposition. Complaints must be resolved within 25 days of receipt of the complaint if the complaint involves a pending case. All other complaints must be resolved within 120 days of receipt of the complaint. These time frames may be extended by the chief justice if good cause exists for an extension.