Idaho Code

Idaho Code § 16-1634 (2026)

Guardian ad litem — Rights and powers.

✓ current as of May 2026

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Guardian ad litem — Rights and powers.

The guardian ad litem will have the following rights and powers, 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) The guardian ad litem, if represented by counsel, may file pleadings, motions, memoranda and briefs on behalf of the child, and shall have all of the rights of a party whether conferred by statute, rule of court or otherwise.

(2) All parties to any proceeding under this chapter shall promptly notify the guardian ad litem and the guardian’s attorney of all hearings, staffings, investigations, depositions and significant changes of circumstances of the child.

(3) Except to the extent prohibited or regulated by federal law or by the provisions of chapter 82, title 39, Idaho Code, upon presentation of a copy of the order appointing guardian ad litem, any person or agency, including, without limitation, any hospital, school, organization, department of health and welfare, doctor, nurse, or other health care provider, psychologist, psychiatrist, police department or mental health clinic shall permit the guardian ad litem to inspect and copy pertinent records necessary for the proceeding for which the guardian is appointed relating to the child and parent without consent of the child or parents.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: IDHW v. Jane & John Doe (Idaho 2024).

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IDHW v. Jane & John Doe (Idaho 2024). · cites it 2× “In addition, under Idaho Code section 16-1634(1), the guardian ad litem “shall have all of the rights of a party whether conferred by statute, rule of court or otherwise.”

— Idaho Code § 16-1634(1) — 1 case

IDHW v. Jane & John Doe (Idaho 2024). “In addition, under Idaho Code section 16-1634(1), the guardian ad litem “shall have all of the rights of a party whether conferred by statute, rule of court or otherwise.”

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