Alaska Delinq. R. 15

(a) Appointment.

(1) Any party or the court on its own motion may request

a guardian ad litem. The court may appoint a guardian ad litem

to represent the best interests of the juvenile in a delinquency

proceeding. If the court denies a motion for appointment of a

guardian ad litem, the court must make findings to explain the

denial.

Commentary—In addition to appointment of an attorney, the

court may, upon motion of a party or upon its own motion,

appoint the office of public advocacy to provide guardian ad

litem services to a juvenile.

Courts should not routinely appoint guardians ad litem in

juvenile delinquency proceedings. In most instances, the

juvenile’s best interests are adequately protected and

represented by the parties. The juvenile’s best interests may not

be adequately protected in situations, including but not limited

to: when no parent or guardian is available, when a parent or

guardian is not in a position to advocate for the juvenile’s best

interests, when a household or family member is an alleged

victim, when the juvenile has complex therapeutic needs, or

when an adult guardianship or conservatorship may be

appropriate.

(2) A non-attorney guardian ad litem is entitled to

counsel. Upon request, the court shall make the appointment.

The court may appoint an attorney on its own motion for good

cause if the court finds that legal advice or legal representation

of the guardian ad litem is necessary to represent the juvenile’s

best interests.

(3) Within seven days of the court’s appointment, the

designated guardian ad litem must file an entry of appearance

indicating whether the guardian ad litem is an attorney and

certifying that the guardian ad litem meets qualifications under

subsection (b) below.

(4) Throughout the period of appointment, the guardian

ad litem is a party to the proceeding, and must be served with

copies of all pleadings and papers relating to the juvenile and

must be given notice of all court proceedings. The guardian ad

litem, whether an attorney or a non-attorney, has the right to

appear and participate at hearings regarding the juvenile. The

guardian ad litem may also engage in motion practice, conduct

discovery, introduce evidence, examine and cross examine

witnesses, make objections, make opening statements and

closing arguments, and take or participate in an appeal.

Although the guardian ad litem can participate in plea

agreement negotiations and make recommendations, the

guardian ad litem is not a signatory to and cannot veto any

agreement.

(b) Qualifications.

(1) A guardian ad litem should possess knowledge, skill,

experience, training, or education that allows the guardian ad

litem to conduct a thorough and impartial investigation and

effectively advocate for the best interests of the juvenile.

Specifically, the guardian ad litem should have an

understanding of the following as appropriate to the case:

(A) child and adolescent development;

(B) disabilities, including cognitive impairments such as

fetal alcohol spectrum disorders;

(C) the impact of child abuse and neglect or other trauma

on the juvenile;

(D) the educational needs and rights of juveniles;

(E) the resources available for least restrictive placement,

treatment, and other necessary services, both within the

community and elsewhere;

(F) the ethnic, cultural, and socioeconomic backgrounds

of the population to be served;

(G) domestic violence and substance abuse and their

impact on juveniles;

(H) Alaska statutes, rules, and both state and United

States Supreme Court decisions relating to juvenile delinquency proceedings;

(I) the legal rights of juveniles accused of delinquency

crimes;

(J) the ability to communicate effectively with juveniles

and adults;

(K) juvenile alcohol and substance abuse pathology and

treatment;

(L) juvenile mental health issues and treatment; and

(M) other qualifications appropriate to the particular case.

(2) Upon request of a party, a guardian ad litem or

prospective guardian ad litem shall provide to the parties a

written summary of relevant education and experience.

(c) Order Authorizing Access to Juvenile’s Records.

Unless otherwise ordered, an order appointing a guardian ad

litem shall authorize the guardian ad litem access, without

further release, to all confidential and privileged records of the

child, including but not limited to mental health records, drug

and alcohol treatment records, medical records, evaluations,

child protection records, law enforcement records, juvenile

justice records, and educational records, including special

education records. Nothing in this rule shall prevent any party

from seeking a protective order.

(d) Disclosure of Information.

(1) Defense counsel, the Division of Juvenile Justice, and

the Department of Law shall be permitted to review and copy

information received by the guardian ad litem under subsection

(c) and other discoverable material, including but not limited to

notes memorializing interviews and observations. Before

disclosing any material to other parties, the guardian ad litem

shall give defense counsel notice and a reasonable opportunity

to review the material and seek a protective order.

(2) Disclosure obligations are ongoing.

(e) Disclosure of Conflicts. The guardian ad litem shall

disclose any relationships or associations between the guardian

ad litem and any party that might reasonably cause the

guardian ad litem's impartiality to be questioned. The guardian

ad litem must also disclose whether the guardian ad litem has

served or is currently serving as a guardian ad litem for that

juvenile, or for that juvenile’s sibling, in any other proceeding.

This disclosure must be made no later than 10 days after

appointment.

(f) Duties of the Guardian Ad Litem.

(1) Role. The guardian ad litem represents the best

interests of the juvenile. The guardian ad litem determines and

advocates for the best interests of the juvenile given the

juvenile’s situation, taking into account the juvenile’s age,

maturity, culture, ethnicity, least restrictive placement options

available, and public laws and policies regarding juvenile

justice.

(2) Duty to the juvenile. The guardian ad litem shall:

(A)

conduct ongoing independent investigations, including, as reasonable and appropriate: in-person visits with

the juvenile; review of records; interviews with parents,

juvenile probation officers, teachers, and other persons as

necessary to assess the juvenile’s situation; and observations of

the juvenile’s interactions with parents or other potential

caregivers;

(B) identify relatives, family friends, or other persons

who are potential placement options, and take such steps as

may be necessary to offer such persons to the Division of

Juvenile Justice and/or to the court for placement determinations;

(C) consult professionals as necessary to determine the

juvenile’s best interests;

(D) monitor services to the juvenile provided by

educational, medical, mental health, and other community

systems and ensure these services are promoting the best

interests of the juvenile;

(E) represent the best interests of the juvenile until the

disposition order expires unless the court finds that the

appointment is no longer necessary;

(F) explain to the juvenile in language and terms the

juvenile can understand that:

(i) the juvenile has a right to refuse to talk to the

guardian ad litem,

(ii) communications with the guardian ad litem are not

confidential,

(iii) all information and records gathered may be shared

with the state, and

(iv) the juvenile has a right to have an attorney be present

for interviews with the guardian ad litem.

(3) Duty to the court. The guardian ad litem will appear

at all hearings, present appropriate witnesses to testify at

hearings, present relevant information about the juvenile’s

status and needs to the court, and may provide written reports.

Commentary—Whether a guardian ad litem should testify or

be subject to cross examination raises complex issues that are

best resolved on a case-by-case basis with the benefit of

briefing by all parties. Nothing in this rule is intended to

dictate a particular outcome.

(g) Contact with Juvenile.

(1) Any entity or person that has physical or legal

custody of the juvenile may not deny reasonable access by the

guardian ad litem without an order from the court.

(2) With the consent of the juvenile’s attorney, the

guardian ad litem may meet with the juvenile as often as

necessary to ascertain and represent the juvenile’s best

interests. The juvenile’s attorney, at any time, may limit the

content and frequency of meetings with the guardian ad litem.

(h) Confidentiality. The juvenile’s statements to the

guardian ad litem are not confidential.

Commentary—If the guardian ad litem is an attorney, he or

she acts in a capacity as a guardian ad litem rather than as an

attorney, and information received from the juvenile is not

subject to the attorney-client privilege. See Ethics Opinion

85-4, Alaska Bar Association. Notwithstanding these provisions, the guardian ad litem may seek a protective order

to keep certain communications confidential in accordance

with discovery rules.