Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 7348 (November 26, 2022).

231 Pa. Code Rule 1915.11-2. Appointment of Guardian Ad Litem.

Rule 1915.11-2. Appointment of Guardian Ad Litem.

 (a)  The court may, on its own motion or the motion of a party, appoint a guardian ad litem to represent the best interests of the child in a custody action. The guardian ad litem shall be a licensed attorney or licensed mental health professional. The guardian ad litem shall not act as the child’s counsel or represent the child’s legal interests. Prior to appointing a guardian ad litem, the court shall make a finding that the appointment is necessary to assist the court in determining the best interests of the child.

 (b)  The court may order either or both parties to pay all or part of the costs of appointing a guardian ad litem.

 (c)  The guardian ad litem shall file of record and provide copies of any reports prepared by the guardian ad litem to each party and the court not later than 20 days prior to trial. The admissibility of the report shall be determined at the hearing. Prior to disclosure to the parties of confidential information prohibited by 23 Pa.C.S. §  5336, the court shall make a determination of whether the information may be disclosed. The guardian ad litem shall attend all proceedings and be prepared to testify. The guardian ad litem shall be subject to cross-examination if called to testify by either party or the court.

 (d)  The order appointing a guardian ad litem shall be in substantially the form set forth in Rule 1915.21.

   Official Note

   23 Pa.C.S. §  5334 is suspended insofar as it (1) requires that a guardian ad litem be an attorney, (2) permits the guardian ad litem to represent both the best interests and legal interests of the child, (3) provides the guardian ad litem the right to examine, cross-examine, present witnesses and present evidence on behalf of the child, and (4) prohibits the guardian ad litem from testifying.

Source

   The provisions of this Rule 1915.11-2 adopted August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702.



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