Jan. 22, 2009
Supreme Court Adopts New Rule for Guardians Ad Litem
The Supreme Court of Ohio today announced the adoption of a new rule to govern guardian ad litem standards in Ohio. The rule becomes effective March 1, 2009.
Although some courts had local rules regarding guardians ad litem, this is the first state rule that sets standards regarding the appointment, responsibilities, training and reporting requirements of guardians ad litem. Rule 48 of the Rules of Superintendence for the Courts of Ohio applies in all domestic relations and juvenile cases in common pleas courts where the court appoints a guardian ad litem. Courts appoint guardians ad litem to protect and act in the best interest of a child.
“Courts rely on the expertise of guardians ad litem to make decisions that heavily impact the lives of children such as where a child lives and what services may be offered to the child and family,” said Steven W. Hanson, manager of Children, Families and the Courts Programs at the Supreme Court. “For a child and family, these decisions often affect their lives for years into the future. While some courts have adopted local rules, until now there has been no uniformity across the state with respect to guardian ad litem training and practice.”
The rule requires each court to enter an Order of Appointment, which identifies the capacity in which the guardian ad litem is appointed, and sets specific duties the guardian ad litem is to perform to learn about the facts of the case and the status of the child.
The content of the rule was based on recommendations from two former court groups: the Guardian Ad Litem Standards Task Force appointed by Chief Justice Thomas J. Moyer and a subcommittee of the Advisory Committee on Children, Families and the Courts. The rule also reflects revisions based on public input received during the public comment period.
In order to assist attorneys in meeting the requirements of this new rule, regional training is available through the Ohio Judicial College. Information on the training can be found at: http://www.supremecourt.ohio.gov/Boards/judCollege/default.asp. Current guardians ad litem have one year from March 1, 2009 to comply with the educational requirements.
The new rule can be found at: http://www.supremecourt.ohio.gov/RuleAmendments/Archive.aspx.
Contact: Chris Davey or Bret Crow at 614.387.9250.