Subject to the direction of the court, the guardian ad litem shall advocate for the best interests of the child and shall have the following duties 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)  To conduct an independent factual investigation of the circumstances of the child including, without limitation, the circumstances described in the petition.
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Terms Used In Idaho Code 16-1633

  • Adjudicatory hearing: means a hearing to determine:
Idaho Code 16-1602
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Foster care: means twenty-four (24) hour substitute parental care for children placed away from their parents or guardians by persons who may or may not be related to the children and for whom the state agency has placement and care responsibility. 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.
  • Permanency hearing: means a hearing to review, approve, reject or modify the permanency plan of the department and to review reasonable efforts in accomplishing the permanency plan. See Idaho Code 16-1602
    • (2)  To file with the court prior to any adjudicatory, review or permanency hearing a written report stating the results of the investigation, the guardian ad litem’s recommendations and such other information as the court may require. In all post-adjudicatory reports, the guardian ad litem shall inquire of any child capable of expressing his or her wishes regarding permanency and, when applicable, the transition from foster care to independent living and shall include the child’s express wishes in the report to the court. The guardian ad litem’s written report shall be delivered to the court, with copies to all parties to the case at least five (5) days before the date set for the hearing. The report submitted prior to the adjudicatory hearing shall not be admitted into evidence at the hearing and shall be used by the court only for disposition if the child is found to be within the purview of the act.
    (3)  To act as an advocate for the child for whom appointed at each stage of proceedings under this chapter. To that end, the guardian ad litem shall participate fully in the proceedings and to the degree necessary to adequately advocate for the child’s best interests, and shall be entitled to confer with the child, the child’s siblings, the child’s parents and any other individual or entity having information relevant to the child protection case.
    (4)  To monitor the circumstances of a child and to assure that the terms of the court’s orders are being fulfilled and remain in the best interest of the child.
    (5)  To maintain all information regarding the case confidential and to not disclose the same except to the court or to other parties to the case.
    (6)  Such other and further duties as may be expressly imposed by the court order.