The guardian ad litem will have the following rights and powers, which shall continue until resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever first occurs:
(1)  The guardian ad litem, if represented by counsel, may file pleadings, motions, memoranda and briefs on behalf of the child, and shall have all of the rights of a party whether conferred by statute, rule of court or otherwise.
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Terms Used In Idaho Code 16-1634

  • Child: means an individual who is under the age of eighteen (18) years. See Idaho Code 16-1602
  • Circumstances of the child: includes , but is not limited to, the joint legal custody or joint physical custody of the child. 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
  • Department: means the department of health and welfare and its authorized representatives. 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Statute: A law passed by a legislature.
    • (2)  All parties to any proceeding under this chapter shall promptly notify the guardian ad litem and the guardian’s attorney of all hearings, staffings, investigations, depositions and significant changes of circumstances of the child.
    (3)  Except to the extent prohibited or regulated by federal law or by the provisions of chapter 82, title 39, Idaho Code, upon presentation of a copy of the order appointing guardian ad litem, any person or agency, including, without limitation, any hospital, school, organization, department of health and welfare, doctor, nurse, or other health care provider, psychologist, psychiatrist, police department or mental health clinic shall permit the guardian ad litem to inspect and copy pertinent records necessary for the proceeding for which the guardian is appointed relating to the child and parent without consent of the child or parents.