(1) In any proceeding under this chapter for a child under the age of twelve (12) years, the court shall appoint a guardian ad litem for the child or children and shall appoint counsel to represent the guardian ad litem, unless the guardian ad litem is already represented by counsel. If a court does not have available to it a guardian ad litem program or a sufficient number of guardians ad litem, the court shall appoint counsel for the child. In appropriate cases, the court may appoint a guardian ad litem for the child and counsel to represent the guardian ad litem and may, in addition, appoint counsel to represent the child.
(2)   In any proceeding under this chapter for a child twelve (12) years of age or older, the court:
(a)  Shall appoint counsel to represent the child and may, in addition, appoint a guardian ad litem; or
(b)  Where appointment of counsel is not practicable or not appropriate, may appoint a guardian ad litem for the child and shall appoint counsel to represent the guardian ad litem, unless the guardian ad litem is already represented by counsel.
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Terms Used In Idaho Code 16-1614

  • Child: means an individual who is under the age of eighteen (18) years. See Idaho Code 16-1602
  • Court: means district court or magistrate division thereof or, if the context requires, a magistrate or judge thereof. See Idaho Code 16-1602
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian ad litem: means a person appointed by the court pursuant to a guardian ad litem volunteer program to act as special advocate for a child under this chapter. See Idaho Code 16-1602
  • Guardian ad litem program: means the program to recruit, train and coordinate volunteer persons to serve as guardians ad litem for abused, neglected or abandoned children. See Idaho Code 16-1602
(3)  Counsel appointed for the child under the provisions of this section shall be paid for by the county unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs.