Statutes | Cherokee Code Chapter 7B Article 6 ยง 7B-601 | 2019

(a)

In petitions alleging child maltreatment the Court shall appoint a guardian ad litem and a guardian ad litem attorney advocate to represent the childs interests. In every case where a non- attorney is appointed as a guardian ad litem, an attorney advocate shall be appointed in the case in order to assure protection of the childs legal rights throughout the proceeding. The guardian ad litem and attorney advocate have standing to represent the child in all actions under this chapter where they have been appointed. The appointment shall be made pursuant to the program established by the Cherokee Courts. The appointment shall terminate when the permanent plan has been achieved for the child and approved by the Court or when the Courts jurisdiction of the case terminates. The Court may relieve and reappoint a guardian ad litem and attorney advocate pursuant to a showing of good cause upon motion of any party, including the guardian ad litem, attorney advocate, or of the Court.

(b)

The duties of the guardian ad litem and/or attorney advocate shall be to make an investigation to determine the facts of the case, the needs of the child, and the available resources within the family and community to meet those needs to facilitate, when appropriate, the settlement of disputed issues to offer evidence and examine witnesses at adjudication and all other hearings to explore options with the ICWT and the Court for the disposition of cases to conduct follow-up investigations to insure that services contained in service contracts and the orders of the Court are being properly executed to report to the Court when the needs of the child are not being met and to protect and promote the best interests of the child until formally relieved of the responsibility by the Court.

(c)

The Court may authorize the guardian ad litem and/or attorney advocate to accompany the child to Court in any criminal action wherein the child may be called on to testify in a matter relating to abuse.

(d)

The guardian ad litem and attorney advocate have the authority to obtain any information or reports, whether or not confidential, that may in the guardian ad litem or attorney advocates opinion be relevant to the case. No privilege other than the attorney-client privilege may be invoked to prevent the guardian ad litem, attorney advocate and the Court from obtaining such information. The confidentiality of the information or reports shall be respected by the guardian ad litem and attorney advocate, and no disclosure of any information or reports shall be made to anyone except by order of the Court or unless otherwise provided by law.

(Ord. No. 524 , 7-17-2015)