Idaho Code

Idaho Code § 16-1614 (2026)

appointment of guardian ad litem, counsel for Guardian ad litem, counsel for child.

✓ current as of May 2026

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appointment of guardian ad litem, counsel for Guardian ad litem, counsel for child.

(1) In any proceeding under this chapter for a child under the age of twelve (12) years, the court shall appoint a guardian ad litem for the child or children and shall appoint counsel to represent the guardian ad litem, unless the guardian ad litem is already represented by counsel. If a court does not have available to it a guardian ad litem program or a sufficient number of guardians ad litem, the court shall appoint counsel for the child. In appropriate cases, the court may appoint a guardian ad litem for the child and counsel to represent the guardian ad litem and may, in addition, appoint counsel to represent the child.

(2) In any proceeding under this chapter for a child twelve (12) years of age or older, the court:

(a) Shall appoint counsel to represent the child and may, in addition, appoint a guardian ad litem; or

(b) Where appointment of counsel is not practicable or not appropriate, may appoint a guardian ad litem for the child and shall appoint counsel to represent the guardian ad litem, unless the guardian ad litem is already represented by counsel.

(3) Counsel appointed for the child under the provisions of this section shall be paid for by the office of the state public defender unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs.

(4)(a) The legislature finds that guardian ad litem representation has been addressed differently throughout the state, with some counties providing representation through their public defense office or public defense contracts, or in other areas of the state with pro bono representation. The legislature finds that providing guardian ad litem representation through the office of the state public defender would create numerous costly conflicts of interest that would detract from the office’s mission. Therefore, it is the intent of the legislature to keep guardian ad litem representation administered locally with reimbursement provided by state funds when needed. It is not the intent of the legislature to disrupt, terminate, or otherwise inhibit any pro bono programs that now exist or may hereinafter be created to provide counsel for guardians ad litem.

(b) Counsel appointed for a guardian ad litem shall first come from volunteer attorneys willing to represent the guardian ad litem pro bono unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs. Absent available volunteer pro bono counsel, attorneys for the guardian ad litem shall be paid by the county, and the county shall be reimbursed for the actual, verified costs of guardian ad litem representation the county incurred from the attorney costs for guardian ad litem account, as established in section 57-828, Idaho Code, by submitting a request to the office of the state public defender.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1985–2026 · leading case: Merritt for Merritt v. State, 696 P.2d 871 (Idaho 1985).

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Merritt for Merritt v. State, 696 P.2d 871 (Idaho 1985). · cites it 4× “Pursuant to I.C. § 16-1614 and Rule 8 of the Idaho Juvenile Rules, a shelter care hearing to determine whether Deborah should remain in the custody of the Department was scheduled for March 10.”

In the Interest of Jane Doe II (under 18 years), 425 P.3d 285 (Idaho 2018). · cites it 4× “" See I.C. § 16-1614. While this is a different statute with different circumstances at play, the procedural fairness provided in that statutory scheme is relevant in all proceedings involving children, including petitions to determine guardianship.”

Matter of Baby Boy Doe, 902 P.2d 477 (Idaho 1995). · cites it 2× “§ 16-1610(b)(2), I.C. § 16-1614. However, those statutes do not require proof "beyond a reasonable doubt.”

John Doe v. Shoshone-Bannock Tribes, 367 P.3d 136 (Idaho 2016). · cites it 2× “§ 15-5-407(a); in proceedings under the Child Protective Act, I.C. § 16-1614(1); in proceedings to terminate a parent-child relationship, I.”

In Interest of SW, 903 P.2d 102 (Idaho Ct. App. 1995). · cites it 2× “Idaho Rule of Evidence 101 states that the Rules of Evidence apply in all cases except for a limited number of enumerated situations.”

Doe v. Roe, 902 P.2d 477 (Idaho 1995). · cites it 2× “§ 16-1610(b)(2), I.C. § 16-1614. However, those statutes do not require proof “beyond a reasonable doubt.”

Wood v. State, Dep't of Health & Welfare, 903 P.2d 102 (Idaho Ct. App. 1995). · cites it 2× “These exceptions include temporary shelter care hearings held under Idaho Code § 16-1614 . In remanding a case under the Child Protective Act, the Idaho Supreme Court stated: If further evidence is to be taken before the magistrate this would call attention to the fact that the…”

In the Interest of Jane Doe II (under 18) (Idaho 2018). · cites it 4× “” See I.C. § 16-1614. While this is a different statute with different circumstances at play, the procedural fairness provided in that statutory scheme is relevant in all proceedings involving children, including petitions to determine guardianship.”

IDHW v. Jane & John Doe (Idaho 2024). · cites it 4× “I.C. § 16-1614. The guardian ad litem represents the child’s best interests, and, through the guardian’s own attorney, is permitted to participate in all adjudicatory proceedings to the same degree as a party in the case, including, by way of example, the filing of pleadings,…”

Jane Doe v. John Doe (2025-33) (Idaho 2026). · cites it 4× “See I.C. § 16-1614 (providing that the right to counsel under the Child Protective Act applies to “any proceeding under this chapter,” and Idaho Code section 16-1625 is a section of that chapter providing for proceedings on appeal).”

— Idaho Code § 16-1614(1) — 1 case

John Doe v. Shoshone-Bannock Tribes, 367 P.3d 136 (Idaho 2016). “§ 15-5-407(a); in proceedings under the Child Protective Act, I.C. § 16-1614(1); in proceedings to terminate a parent-child relationship, I.”

— Idaho Code § 16-1614(4) — 1 case

Jane Doe v. John Doe (2025-33) (Idaho 2026). “See I.C. § 16-1614 (providing that the right to counsel under the Child Protective Act applies to “any proceeding under this chapter,” and Idaho Code section 16-1625 is a section of that chapter providing for proceedings on appeal).”

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