New Mexico Statutes 32A-1-7. Guardian ad litem; powers and duties
A. A guardian ad litem shall zealously represent the child’s best interests in the proceeding for which the guardian ad litem has been appointed and in any subsequent appeals.
Terms Used In New Mexico Statutes 32A-1-7
- 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.
- 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.
- 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.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Venue: The geographical location in which a case is tried.
B. Unless excused by a court, a guardian ad litem appointed to represent a child’s best interests shall continue the representation in any subsequent appeals.
C. Any party may petition the court for an order to remove a guardian ad litem on the grounds that the guardian ad litem has a conflict of interest or is unwilling or unable to zealously represent the child’s best interests.
D. After consultation with the child, a guardian ad litem shall convey the child’s declared position to the court at every hearing.
E. Unless a child’s circumstances render the following duties and responsibilities unreasonable, a guardian ad litem shall:
(1) meet with and interview the child prior to custody hearings, adjudicatory hearings, dispositional hearings, judicial reviews and any other hearings scheduled in accordance with the provisions of the Children’s Code;
(2) communicate with health care, mental health care and other professionals involved with the child’s case;
(3) review medical and psychological reports relating to the child and the respondents;
(4) contact the child prior to any proposed change in the child’s placement; (5) contact the child after changes in the child’s placement;
(6) attend local substitute care review board hearings concerning the child and if unable to attend the hearings, forward to the board a letter setting forth the child’s status during the period since the last local substitute care review board review and include an assessment of the department’s permanency and treatment plans;
(7) report to the court on the child’s adjustment to placement, the department’s and respondent’s compliance with prior court orders and treatment plans and the child’s degree of participation during visitations; and
(8) represent and protect the cultural needs of the child.
F. A guardian ad litem may retain separate counsel to represent the child in a tort action on a contingency fee basis or any other cause of action in proceedings that are outside the jurisdiction of the children’s court. When a guardian ad litem retains separate counsel to represent the child, the guardian ad litem shall provide the court with written notice within ten days of retaining the separate counsel. A guardian ad litem shall not retain or subsequently obtain any pecuniary interest in an action filed on behalf of the child outside of the jurisdiction of the children’s court.
G. In the event of a change of venue, the originating guardian ad litem shall remain on the case until a new guardian ad litem is appointed by the court in the new venue and the new guardian ad litem has communicated with and received all pertinent information from the former guardian ad litem.
H. A guardian ad litem shall receive notices, pleadings or other documents required to be provided to or served upon a party. A guardian ad litem may file motions and other pleadings and take other actions consistent with the guardian ad litem’s powers and duties.
I. A guardian ad litem shall not serve concurrently as both the child’s delinquency attorney and guardian ad litem.