(a)Appointment of guardian ad litem. Courts shall not routinely assign guardians ad litem for children in a domestic relations case. Where, however, the court is presented with substantial allegations of domestic abuse, serious allegations of abuse and neglect, serious issues relating to the child’s health and safety, or allegations involving disproving a child’s paternity, a guardian ad litem shall be appointed by the court for the child(ren).(b)Order of Appointment of Guardian Ad Litem. The order appointing a guardian ad litem shall specify the terms of the appointment, including the guardian’s role, duties and scope of authority, the issues to be investigated, as well as the specific reasons for the appointment and the expectations of the court for the guardian ad litem’s report, including the date by which the written report is due. The order appointing a guardian ad litem shall also require the parties to fully cooperate with the guardian ad litem in terms of the investigation.(c)Guardians ad litem. A guardian ad litem shall be an attorney licensed to practice law. A court-appointed guardian ad litem’s services are provided to the court on behalf of the child. The guardian ad litem shall follow the Guidelines for Guardians Ad Litem in Family Court set forth in Appendix B of these rules and if the Guidelines conflict with other rules or statutes, the Guidelines shall apply. The guardian ad litem acts as an independent fact finder, investigator and evaluator as to what furthers the best interests of the child. The guardian ad litem submits a written report to the court and is available to testify.(d)Investigations by guardians ad litem. – West Virginia Code § 48-9-301, § 48-9-302, and the Guidelines for Guardians Ad Litem in Family Court set forth in Appendix B of these rules shall govern investigations by guardians ad litem. If the Guidelines for Guardians Ad Litem in Family Court conflict with other rules or statutes, the Guidelines shall apply.(e)Timing of written report. A guardian ad litem shall submit a written report to the court and a copy to all parties on the date specified by the court not to exceed sixty (60) days from the date of entry of the order appointing the guardian ad litem. Upon proper petition of the guardian ad litem, the court, in its discretion, may seal the report or redact information that may place a child or other individual in danger.(f)Payment of Guardians ad Litem Fees. The fees for a guardian ad litem appointed in a domestic relations case may be paid by a non-indigent party or, when applicable, in accordance with Trial Court Rule 21.(g)Training of guardians ad litem. On or after January 1, 2013, the court shall only appoint a guardian ad litem that has completed the required training provided by the West Virginia Supreme Court.
W. Va. R. Prac. & P. Fam. Ct. 47
Amended by order adopted April 20, 2012, effective July 1, 2012; by order adopted October 4, 2001, effective October 4, 2001; by order adopted November 27, 2001, effective January 1, 2002; by order adopted June 9, 2005, effective June 9, 2005; by order entered and effective December 1, 2005; and by order adopted May 22, 2007, effective July 1, 2007; by order amended April 25, 2017, effective April 25, 2017.
