938.235 Guardian ad litem.

533 words·~2 min read·/wi/chapter-938/938-235-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Appointment.

(a)The court may appoint a guardian ad litem in any appropriate matter under this chapter.

(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 juvenile 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 juvenile to be placed out of his or her home under s. 938.32 , 938.345 , or 938.357 . This paragraph does not apply to a juvenile who is subject to a dispositional order that terminates as provided in s. 938.355

(am)4. , 938.357

(a)4. , or 938.365

(b)4.

(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 in a proceeding on behalf of any party or who is a relative or representative of an interested party 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 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 the person or the positions of others as to the best interests of the person. If the guardian ad litem determines that the best interests of the person are substantially inconsistent with the person’s wishes, the guardian ad litem shall so inform the court and the court may appoint counsel to represent the 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 of a guardian ad litem, a guardian ad litem appointed for a juvenile who is the subject of a proceeding under s. 938.13 shall do all of the following:

1. Unless granted leave by the court not to do so, personally, or through a trained designee, meet with the juvenile, assess the appropriateness and safety of the juvenile’s environment and, if the juvenile is old enough to communicate, interview the juvenile and determine the juvenile’s goals and concerns regarding his or her placement.

2. Make clear and specific recommendations to the court concerning the best interest of the juvenile at every stage of the proceeding.

(4)Matters involving juvenile in need of protection or services.

(a)In any matter involving a juvenile found to be in need of protection or services, the guardian ad litem may, if reappointed or if the appointment is continued under sub.

(7), do any of the following:

1. Participate in permanency planning under ss. 48.43

(5)and 938.38 .

2. Petition for a change in placement under s. 938.357 .

3. Petition for termination of parental rights or any other matter specified under s. 48.14 or 938.14 .

4. Petition for revision of dispositional orders under s. 938.363 .