48.235 Guardian ad litem.
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48.235 Guardian ad litem.
(1)Appointment.
(a)The court may appoint a guardian ad litem in any appropriate matter under this chapter.
(b)The court shall appoint a guardian ad litem for a minor parent petitioning for the voluntary termination of parental rights.
(c)The court shall appoint a guardian ad litem for any child who is the subject of a proceeding to terminate parental rights, whether voluntary or involuntary, for a child who is the subject of a contested adoption proceeding, and for a child who is the subject of a proceeding under s. 48.977 , 48.978 , or 48.9795 .
(d)The circuit court may appoint a guardian ad litem for a minor in a proceeding under s. 48.375
(7)to aid the circuit court in determining under s. 48.375
(c)whether or not the minor is mature and well-informed enough to make the abortion decision on her own and whether or not the performance or inducement of the abortion is in the minor’s best interests.
(e)The court shall appoint a guardian ad litem, or extend the appointment of a guardian ad litem previously appointed under par.
(a), for any child alleged or found to be in need of protection or services, if the court has ordered, or if a request or recommendation has been made that the court order, the child to be placed out of his or her home under s. 48.32 , 48.345 , or 48.357 . This paragraph does not apply to a child who is subject to a dispositional order that terminates as provided in s. 48.355
(b)4. , 48.357
(a)4. , or 48.365
(b)4.
(f)The court shall appoint a guardian ad litem, or extend the appointment of a guardian ad litem previously appointed under par.
(a), for any unborn child alleged or found to be in need of protection or services.
(g)The court shall appoint a guardian ad litem for a parent who is the subject of a termination of parental rights proceeding, if any assessment or examination of a parent that is ordered under s. 48.295
(1)shows that the parent is not competent to participate in the proceeding or to assist his or her counsel or the court in protecting the parent’s rights in the proceeding.
(2)Qualifications. The guardian ad litem shall be an attorney admitted to practice in this state. No person who is an interested party in a proceeding, who appears as counsel or court-appointed special advocate in a proceeding on behalf of any party or who is a relative or representative of an interested party in a proceeding may be appointed guardian ad litem in that proceeding.
(3)Duties and responsibilities.
(a)The guardian ad litem shall be an advocate for the best interests of the person or unborn child for whom the appointment is made. The guardian ad litem shall function independently, in the same manner as an attorney for a party to the action, and shall consider, but shall not be bound by, the wishes of that person or the positions of others as to the best interests of that person or unborn child. If the guardian ad litem determines that the best interests of the person are substantially inconsistent with the wishes of that person, the guardian ad litem shall so inform the court and the court may appoint counsel to represent that person. The guardian ad litem has none of the rights or duties of a general guardian.
(b)In addition to any other duties and responsibilities required of a guardian ad litem, a guardian ad litem appointed for a child who is the subject of a proceeding under s. 48.13 or for an unborn child who is the subject of a proceeding under s. 48.133 shall do all of the following: