Superseded 7/1/2024)

Superseded 7/1/2024
78A-2-802.  Office of Guardian Ad Litem — Appointment of director — Duties of director — Contracts in second, third, and fourth districts.

(1)  There is created the Office of Guardian Ad Litem under the direct supervision of the Guardian Ad Litem Oversight Committee described in Subsection 78A-2-104(13).

Terms Used In Utah Code 78A-2-802

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Attorney guardian ad litem: means an attorney employed by the office. See Utah Code 78A-2-801
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Contract: A legal written agreement that becomes binding when signed.
  • Director: means the director of the office. See Utah Code 78A-2-801
  • 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: includes a person who:Utah Code 68-3-12.5
  • Guardian ad litem: means an attorney guardian ad litem or a private attorney guardian ad litem. See Utah Code 78A-2-801
  • Minor: means the same as that term is defined in Section 80-1-102. See Utah Code 78A-2-801
  • Office: means the Office of Guardian Ad Litem created in Section 78A-2-802. See Utah Code 78A-2-801
  • Oversight: Committee review of the activities of a Federal agency or program.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2) 

(a)  The Guardian Ad Litem Oversight Committee shall appoint one individual to serve full time as the guardian ad litem director for the state.

(b)  The guardian ad litem director shall:

(i)  serve at the pleasure of the Guardian Ad Litem Oversight Committee, in consultation with the state court administrator;

(ii)  be an attorney licensed to practice law in this state and selected on the basis of:

(A)  professional ability;

(B)  experience in abuse, neglect, and dependency proceedings;

(C)  familiarity with the role, purpose, and function of guardians ad litem in both juvenile and district courts; and

(D)  ability to develop training curricula and reliable methods for data collection and evaluation; and

(iii)  before or immediately after the director’s appointment, be trained in nationally recognized standards for an attorney guardian ad litem.

(3)  The guardian ad litem director shall:

(a)  establish policy and procedure for the management of a statewide guardian ad litem program;

(b)  manage the guardian ad litem program to assure that a minor receives qualified guardian ad litem services in an abuse, neglect, or dependency proceeding under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, in accordance with state and federal law and policy;

(c)  develop standards for contracts of employment and contracts with independent contractors, and employ or contract with attorneys licensed to practice law in this state, to act as attorney guardians ad litem in accordance with Section 78A-2-803;

(d)  develop and provide training programs for volunteers in accordance with the United States Department of Justice National Court Appointed Special Advocates Association standards;

(e)  develop and update a guardian ad litem manual that includes:

(i)  best practices for an attorney guardian ad litem; and

(ii)  statutory and case law relating to an attorney guardian ad litem;

(f)  develop and provide a library of materials for the continuing education of attorney guardians ad litem and volunteers;

(g)  educate court personnel regarding the role and function of guardians ad litem;

(h)  develop needs assessment strategies, perform needs assessment surveys, and ensure that guardian ad litem training programs correspond with actual and perceived needs for training;

(i)  design and implement evaluation tools based on specific objectives targeted in the needs assessments described in Subsection (3)(h);

(j)  prepare and submit an annual report to the Guardian ad Litem Oversight Committee and the Child Welfare Legislative Oversight Panel created in Section 36-33-102 regarding:

(i)  the development, policy, and management of the statewide guardian ad litem program;

(ii)  the training and evaluation of attorney guardians ad litem and volunteers; and

(iii)  the number of minors served by the office;

(k)  hire, train, and supervise investigators; and

(l)  administer the program of private attorney guardians ad litem established under Section 78A-2-705.

(4)  A contract of employment or independent contract described in Subsection (3)(c) shall provide that an attorney guardian ad litem in the second, third, and fourth judicial districts devote the attorney guardian’s ad litem full time and attention to the role of attorney guardian ad litem, having no clients other than the minors whose interest the attorney guardian ad litem represents within the guardian ad litem program.

Amended by Chapter 334, 2022 General Session

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