(a) The court shall appoint a guardian ad litem for the child to serve throughout the pendency of the child protective proceeding under this Chapter, provided, that a guardian ad litem’s appointment shall automatically terminate upon an award of permanent custody of the child by the court, unless otherwise ordered by the court. The court may appoint additional counsel for the child pursuant to subsection (c) or independent counsel for any other party if such party is indigent, the child protective proceeding is complex, counsel is necessary to protect the party’s interests adequately and the interests are not represented adequately by another party who is represented by counsel.

(b) Where the court determines, after such hearing as the court deems to be appropriate, that a party is incapable of comprehending the legal significance of the issues or the nature of the child protective proceeding, the court may appoint a guardian ad litem to represent the interests of that party; provided that a guardian ad litem appointed pursuant to this section shall investigate and report to the court in writing at six-month intervals, or as is otherwise ordered by the court, regarding the current status of the ward’s disability, including but not limited to a recommendation as to available treatment, if any, for such disability and a recommendation concerning the manner in which the court should proceed in order to best protect the interests of the ward in conjunction with the court’s determination as to the best interests of the child.

(c) A guardian ad litem appointed pursuant to subsection (a) shall report to the court in writing at six-month intervals, or as is otherwise ordered by the court, regarding such guardian ad litem’s activities on behalf of the child and recommendations concerning the manner in which the court should proceed in the best interests of the child, provided that such guardian ad litem shall make face to face contact with the child in the child’s family or foster home at least once every three months. Such guardian ad litem shall also inform the court of the child’s perceived interests if they differ from those being advocated by the child’s guardian ad litem. If the

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child and the child’s guardian ad litem are not in agreement, the court shall evaluate the necessity for appointing special counsel for the child to serve as the child’s legal advocate concerning such issues and during such proceedings as the court deems to be in the best interests of the child.

(d) A guardian ad litem or counsel appointed pursuant to this section for the child or other party shall be paid for by the court unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs. The court may order the appropriate parties to pay reimbursement to the court for the costs and fees of the guardian ad litem and other counsel appointed for the child.

(e) A guardian ad litem shall:

(1) Be allowed access to the child by the caretakers of the child whether the caretakers are individuals, authorized agencies or health care providers;

(2) Have the authority to inspect and receive copies of any records, notes and electronic recordings concerning the child that are relevant to the proceedings filed under this Chapter without the consent of the child or individuals and authorized agencies who have control of the child; and

(3) Be given notice of all hearings and proceedings, civil or criminal, including but not limited to grand juries, involving the child and shall protect the best interests of the child therein, unless otherwise ordered by the court.

§ 13309. Reports to be Submitted by Child Protective
Services; Social Worker Expertise.

(a) Child Protective Services shall make every reasonable effort to submit written reports, or a written explanation regarding why a report is not being submitted timely, to the court with copies to the parties or their counsel or guardian ad litem.

(b) Report or reports pursuant to subsection (a) specifically shall:

(1) Evaluate fully all relevant prior and current information concerning whether the child’s family is

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presently willing and able to provide the child with a safe family home, including, if the family previously entered into a voluntary or court ordered service plan, the parties’ success or failure in complying with, performing and completing, if possible, each and every term and condition of the service plan;

(2) In each proceeding, subsequent to adjudication, recommend

(A) A service plan as set forth in § 13304 or revisions to the existing service plan, and, if so, set forth the proposed services or revisions; or

(B) An award of permanent custody to an appropriate authorized agency, and, if so, set forth the basis for such recommendation which shall include but not be limited to an evaluation of each of the criteria set forth in § 13324 (a), including the written permanency plan as set forth in § 13323; and

(3) Set forth recommendations as to such other orders as are deemed to be appropriate and state the basis for recommending that such orders be entered.

(c) A written report submitted pursuant to subsection (a) shall be admissible and may be relied upon to the extent of its probative value in any proceeding under this Chapter, except in a permanency plan hearing; provided, that the person or persons who prepared the report shall be subject to direct and cross- examination as to any matter in the report, unless such person is unavailable.