Rule 48.02 - Appointment of Guardian Ad Litem(A)Orders of appointmentEach court appointing a guardian ad litem under this rule shall enter an order of appointment. The order of appointment shall include statements regarding all of the following:
(1) Whether it is a sole guardian ad litem appointment or a dual guardian ad litem and attorney appointment;(2) That unless otherwise specified by court rule, the appointment shall remain in effect until discharged by order of the court;(3) That the guardian ad litem shall be given notice of all hearings and proceedings and be provided a copy of all pleadings, motions, notices, and other documents filed in the case;(4) That the guardian ad litem report shall include the following language: "The guardian ad litem report shall be provided to the court, unrepresented parties, and legal counsel. Any other disclosure of the report must be approved in advance by the court. Unauthorized disclosure of the report may be subject to court action, including the penalties for contempt, which include fine and/or incarceration."(5) The rate or amount of compensation for the guardian ad litem in allocation of parental rights and responsibilities cases;(6) The terms and amount of any installment payments and deposits in allocation of parental rights and responsibilities cases.(B)Limited scope of appointment A court may appoint a guardian ad litem to address a specific issue or issues. A court shall include in the order of appointment the specific issue or issues to be addressed and a statement the guardian ad litem is relieved of the duties set forth in Sup.R. 48.03(D) that are not applicable to the specific issue or issues.(C) Mandatory appointments in abuse, neglect, dependency, unruly, and delinquent cases A court shall appoint a guardian ad litem in abuse, neglect, dependency, unruly, and delinquency cases as required by rule or statute.
(D) Separate appointments in abuse, neglect, dependency, unruly, and delinquency cases and cases of conflict "Child" means: (1) A court shall appoint a separate attorney to represent a child in abuse, neglect, dependency, unruly, and delinquency cases in which the wishes of the child differ from the recommendations of the guardian ad litem.(2) If an attorney who has been appointed to serve as both guardian ad litem and attorney for the child or any other party believes that a conflict exists in the dual appointment, the attorney or party shall immediately notify the court in writing with notice to the parties or affected agencies and request a separate appointment of a guardian ad litem and attorney for the child. The court shall make such additional appointment or appointments or order or orders to remedy the conflict. The court may also make such appointment or appointments on its own motion.
(E) Separate appointments in cases involving allocation of parental rights and responsibilities If a court appoints a guardian ad litem in an allocation of parental rights and responsibilities case, the guardian ad litem shall be appointed only to represent the best interest of the child and shall not also be appointed as the attorney for the child.
(F) Discretionary appointments in allocation of parental rights and responsibilities, unruly, and delinquency cases Unless a mandatory appointment is required by rule or statute, a court may make a discretionary appointment of a guardian ad litem in the allocation of parental rights and responsibilities, unruly, and delinquency cases. In making a discretionary appointment, a court should consider all of the circumstances of the case, including but not limited to all of the following factors:(1) Allegations of abuse and neglect of the child;(2) Consideration of extraordinary remedies, such as supervised visitation, terminating or suspending parenting time, or awarding custody or visitation to a non-parent;(3) Relocation that could substantially reduce the time of a child with a parent or sibling;(4) The wishes and concerns of the child;(5) Harm to the child from drug or alcohol abuse by the party;(6) Past or present child abduction or risk of future abduction;(7) Past or present family violence;(8) Past or present mental health issues of the child or a party;(9) Special physical, educational, or mental health needs of the child that require investigation or advocacy;(10) A high level of conflict;(11) Inappropriate adult influence or manipulation;(12) Interference with custody or parenting time;(13) A need for more information relevant to the best interests of the child;(14) A need to minimize the harm to the child from family separation or litigation;(15) Any other relevant factor.
(G)ReappointmentA court should consider reappointment of the same guardian ad litem shall be reappointed for a specific child in any subsequent case in any court relating to determining the best interest of the child.
(H) Guardian ad litem fee determinations in cases involving allocation of parental rights and responsibilities (1) A court appointing a guardian ad litem in a case involving allocation of parental rights and responsibilities shall make a determination of the ability of any party to pay a deposit for the fees and expenses to the guardian ad litem and may reconsider that determination at any time prior to conclusion of the case. In making this determination, the court shall consider all of the following: (a) The income, assets, liabilities, and financial circumstances of the parties, as demonstrated by an affidavit, testimony to the court, or evidence of qualification for any means-tested public assistance;(b) The complexity of the issues;(c) The anticipated expenses, including the travel of the guardian ad litem.(2) At any time prior to the conclusion of a case, a guardian ad litem may submit a motion for payment. A guardian ad litem shall submit a motion for payment upon conclusion of the duties. Any motion shall itemize the duties performed, time expended, and costs and expenses incurred pursuant to Sup.R. 48.03(H)(1).(3) In determining the allocation of guardian ad litem fees and expenses, a court shall consider any relevant factor, including any of the following: (a) The rate or amount of compensation of the guardian ad litem;(b) The sources of compensation of the guardian ad litem, including the parties, any specialized funds allocated for payment of the guardian ad litem, or pro bono contribution of services by the guardian ad litem;(c) The income, assets, liabilities, and financial circumstances of the parties, as demonstrated using an affidavit, testimony to the court, or evidence of qualification for any means-tested public assistance;(d) The conduct of any party resulting in the increase of the guardian ad litem fees and expenses without just cause;(e) The terms and amount of any installment payments.(4) Unless a hearing is requested by a party or the court within fourteen days after a motion for payment is filed, a court shall issue an order regarding payment of guardian ad litem fees and expenses approving or denying any portion of the requested fees and expenses and allocating payment to one or more of the parties as appropriate.(I) Enforcement of payment (1) If the fees and expenses of a guardian ad litem exceed the deposits or installment payments ordered and made, a court may do any of the following: (a) Issue a lump-sum judgment against any party owing guardian ad litem fees and expenses at the time of the determination of fees or at any further proceedings regarding payment of fees;(b) Enforce the payment of fees and expenses of the guardian ad litem through contempt of court proceedings;(c) Enforce any order regarding the payment of guardian ad litem fees and expenses in any other manner authorized by law.(2) A court shall not delay or dismiss a proceeding solely because of the failure of a party to pay guardian ad litem fees and expenses required to be paid by the court.(3) The inability of a party to pay guardian ad litem fees and expenses ordered by a court shall not delay any final entry.Ohio. R. Superi. Ct. 48.02
Adopted August 18, 2020, effective 1/1/2021.