Rule 1-152 - Mandatory and discretionary appointment of guardian ad litem; powers and duties of the guardian ad litem; payment [Effective December, 31 2022]A.Mandatory appointment. The court shall appoint a guardian ad litem when the following are met: (1) a parent of the child is participating in the proceedings and objects to the petition to appoint a kinship guardian; or(2) a parent of the child is petitioning for revocation of an established guardianship created under the Kinship Guardianship Act and the guardian objects to the revocation.B.Discretionary appointment. The court may appoint a guardian ad litem for the child on the motion of a party or solely in the court's discretion.C.Powers and duties. The order of appointment shall be substantially in the form adopted by the Supreme Court. See Form 4A-515 NMRA. A guardian ad litem appointed by the court in these proceedings shall(1) in connection with a petition to establish a kinship guardianship (a) make a diligent investigation of the circumstances surrounding the petition, including visiting the child in the home, interviewing the person proposed as guardian, and interviewing the parents of the child, if available;(b) report to the court about the best interests of the child and the child's position on the requested relief; and(c) recommend an appropriate transition plan if the child is residing with the petitioner and the petition for kinship guardianship is not granted.(2) in connection with a petition or motion for revocation of a guardianship(a) report to the court about the best interests of the child and the child's position on the requested relief; and(b) recommend an appropriate transition plan if the guardianship is revoked.D.Payment. The court may order all or some of the parties to pay a reasonable fee for a guardian ad litem. If all of the parties are indigent, the court may award a reasonable fee to the guardian ad litem to be paid out of funds of the court. N.M. R. Civ. P. Dist. Ct. 1-152
Adopted by Supreme Court Order No. 22-8300-020, effective for all cases pending or filed on or after 12/31/2022.Committee commentary. - See Administrative Office of the Courts Court-Appointed Attorneys Payments Guidelines.
[Adopted by Supreme Court Order No. 22-8300-020, effective for all cases pending or filed on or after December 31, 2022.]