GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 1999-432
The General Assembly of North Carolina enacts:
Section 1. G.S. 7B-601, as recodified by Section 6 of S.L. 1998-202, reads as rewritten:
"§ 7B-601. Appointment and duties of guardian ad litem.
(a) When in a petition a
juvenile is alleged to be abused or neglected, the court shall appoint a
guardian ad litem to represent the juvenile. When a juvenile is alleged to be
dependent, the court may appoint a guardian ad litem to represent the juvenile.
The juvenile is a party in all actions under this Subchapter. The
guardian ad litem and attorney advocate have standing to represent the juvenile
in all actions under this Subchapter where they have been appointed. The
appointment shall be made pursuant to the program established by Article 12 of
this Chapter unless representation is otherwise provided pursuant to G.S.
7B-1202 or G.S. 7B-1203. The appointment shall terminate at the end of
two years. when the permanent plan has been achieved for the juvenile
and approved by the court. The court may reappoint the guardian ad litem
pursuant to a showing of good cause upon motion of any party, including the
guardian ad litem, or of the court. In every case where a nonattorney is
appointed as a guardian ad litem, an attorney shall be appointed in the case in
order to assure protection of the juvenile's legal rights through the
dispositional phase of the proceedings, and after disposition when necessary to
further the best interests of the juvenile. throughout the proceeding. The
duties of the guardian ad litem program shall be to make an investigation to
determine the facts, the needs of the juvenile, and the available resources
within the family and community to meet those needs; to facilitate, when
appropriate, the settlement of disputed issues; to offer evidence and examine
witnesses at adjudication; to explore options with the court at the
dispositional hearing; hearing; to conduct follow-up investigations
to insure that the orders of the court are being properly executed; to report
to the court when the needs of the juvenile are not being met; and to
protect and promote the best interests of the juvenile until formally relieved
of the responsibility by the court.
(b) The court may
order the department of social services or the guardian ad litem to conduct
follow-up investigations to ensure that the orders of the court are being
properly executed and to report to the court when the needs of the juvenile are
not being met. The court may also authorize the guardian ad
litem to accompany the juvenile to court in any criminal action wherein the
juvenile may be called on to testify in a matter relating to abuse.
(c) The court may
grant the The guardian ad litem has the authority to demand
obtain any information or reports, whether or not confidential, that
may in the guardian ad litem's opinion be relevant to the case. Neither the
physician-patient privilege nor the husband-wife privilege No privilege
other than the attorney-client privilege may be invoked to prevent the
guardian ad litem and the court from obtaining such information. The
confidentiality of the information or reports shall be respected by the
guardian ad litem, and no disclosure of any information or reports shall be
made to anyone except by order of the court or unless otherwise provided by
law."
Section 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 19th day of July, 1999.
s/ Dennis A. Wicker
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 9:00 p.m. this 10th day of August, 1999