Indiana Code

Ind. Code § 31-9-2-50 (2025)

"Guardian ad litem"

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 50. (a) "Guardian ad litem", for purposes of IC 31-15-6, IC 31-19-16, IC 31-19-16.5, IC 31-28-5, IC 31-32-3-10.5, and the juvenile law, means an attorney, a volunteer, or an employee of a county program designated under IC 33-24-6-4 who is appointed by a court to:

(1) represent and protect the best interests of a child; and

(2) provide the child with services requested by the court, including:

(A) researching;

(B) examining;

(C) advocating;

(D) facilitating; and

(E) monitoring;

the child's situation.

A guardian ad litem who is not an attorney must complete the same court approved training program that is required for a court appointed special advocate under section 28 of this chapter.

     (b) "Guardian ad litem", for purposes of IC 31-32-3-10.5, IC 31-33, IC 31-34, IC 31-35 and IC 31-37, means an attorney, a volunteer, or an employee of a county program designated under IC 33-24-6-4 who:

(1) is appointed by a court to represent and protect the best interests of a child;

(2) is appointed by a court to provide the child with services requested by the court, including:

(A) researching;

(B) examining;

(C) advocating;

(D) facilitating; and

(E) monitoring;

the child's situation; and

(3) has completed training appropriate for the person's role, including training in:

(A) the identification and treatment of child abuse and neglect; and

(B) early childhood, child, and adolescent development;

as required by 42 U.S.C. 5106a(b)(2)(B)(xiii).

A guardian ad litem who is not an attorney must complete the same court approved training program that is required for a court appointed special advocate under section 28 of this chapter.

[Pre-1997 Recodification Citations: 31-1-11.5-28(b); 31-6-1-6 part; 31-6-1-18 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.196-1997, SEC.2; P.L.2-1998, SEC.72; P.L.98-2004, SEC.101; P.L.133-2008, SEC.6; P.L.1-2010, SEC.115; P.L.48-2012, SEC.15; P.L.120-2018, SEC.2.

 

Notes of Decisions
Cited in 22 cases (4 in the last 5 years), 2000–2026 · leading case: Swadner v. Swadner, 897 N.E.2d 966 (Ind. Ct. App. 2008).
Swadner v. Swadner, 897 N.E.2d 966 (Ind. Ct. App. 2008). · cites it 4× “See Ind.Code § 31-9-2-50 (1998); § 31-15-6-3 (1998).”
Carrasco v. Grubb, 824 N.E.2d 705 (Ind. Ct. App. 2005). · cites it 4× “" Ind.Code § 31-9-2-50. *710 In accordance with the above, a GAL's responsibilities are not dependent upon the stage of the proceedings.”
R.P. v. L.S., 926 N.E.2d 20 (Ind. 2010). · cites it 6× “" Ind.Code § 31-9-2-50. And under Indiana Code section 31-14-18-2(a), the trial court may order a party to an action to pay: "(1) a reasonable amount for the cost to the other party of maintaining an action under this article; and (2) a reasonable amount for attorney's fees,…”
In re the Paternity of B.D.D., 779 N.E.2d 9 (Ind. Ct. App. 2002). · cites it 2× “…3 . The guardian ad litem is appointed by the court to "represent and protect the best interests of a child." Ind.Code § 31-9-2-50 (1998).”
In re ALH, 774 N.E.2d 896 (Ind. Ct. App. 2002). · cites it 2× “" Ind.Code § 31-9-2-50. The language of the statute is plain: the GAL is appointed to protect the interests of the child.”
Marriage of J.M. v. N.M., 844 N.E.2d 590 (Ind. Ct. App. 2006). · cites it 2× “" I.C. § 31-9-2-50. During the course of a dissolution proceeding, a court may appoint a GAL "for a child.”
Indiana Dep't of Child Servs. v. T.S., 908 N.E.2d 1176 (Ind. Ct. App. 2009). · cites it 2× “Ind.Code § 31-9-2-50 (2008). A CASA is a community volunteer who has been appointed by the trial court to represent and protect the best interests of a child, and in doing so may research, examine, advocate, facilitate, and monitor a child's situation.”
In re J.C., 735 N.E.2d 848 (Ind. Ct. App. 2000). · cites it 2× “Ind.Code § 31-9-2-50. Although Ind.Code § 31-34-10-3 sets forth the circumstances under which appointment of a GAL in a CHINS case is mandatory and when it is discretionary, it makes no mention of how the GAL is to be paid for its services.”
Paternity of N.L.P. v. Sizemore, 898 N.E.2d 403 (Ind. Ct. App. 2008). · cites it 2× “” Ind.Code § 31-9-2-50. Under Indiana Code section 31-14 — 18—2(a), the trial court may order a party to a paternity action to pay: “(1) a reasonable amount for the cost to the party of maintaining an action under this article; and (2) a reasonable amount for attorney’s fees,…”
Evans v. St. Joseph Cnty. Off. of Fam. & Child., 774 N.E.2d 896 (Ind. Ct. App. 2002). · cites it 2× “” Ind.Code § 31-9-2-50. The language of the statute is plain: the GAL is appointed to protect the interests of the child.”
Indiana Dep't of Child Servs. v. B.B., 912 N.E.2d 909 (Ind. Ct. App. 2009). · cites it 2× “Ind.Code § 31-9-2-50. Where, as in this case, a child is taken into custody without a court order, DCS shall request that the trial court appoint either a GAL or a court-appointed special advocate for the child.”
Sheena Reel v. Joshua Steven Reel, 231 N.E.3d 915 (Ind. Ct. App. 2024). · cites it 4× “[24] Under Indiana Code Section 31-9-2-50, a GAL is a person “appointed by a court” to “represent and protect the best interests of a child” and “provide the child with services requested by the court[.”
Ind. Code § 31-9-2-50(1): 1 case
Carrasco v. Grubb, 824 N.E.2d 705 (Ind. Ct. App. 2005). “" Ind.Code § 31-9-2-50. *710 In accordance with the above, a GAL's responsibilities are not dependent upon the stage of the proceedings.”
Ind. Code § 31-9-2-50(a)(2): 2 cases
Sheena Reel v. Joshua Steven Reel, 231 N.E.3d 915 (Ind. Ct. App. 2024). “[24] Under Indiana Code Section 31-9-2-50, a GAL is a person “appointed by a court” to “represent and protect the best interests of a child” and “provide the child with services requested by the court[.”
In re Support of J.D. T.F. v. J.J.D. (mem. dec.), No. 37A03-1507-JP-906 (Ind. Ct. App. Nov. 30, 2015).
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