§ 6311. Guardian ad litem for child in court proceedings.
(a) Appointment.--When a proceeding, including a master's hearing, has been initiated alleging that
the child is a dependent child under paragraph (1), (2), (3), (4) or (10) of the definition
of "dependent child" in section 6302 (relating to definitions), the court shall appoint
a guardian ad litem to represent the legal interests and the best interests of the
child. The guardian ad litem must be an attorney at law.
(b) Powers and duties.--The guardian ad litem shall be charged with representation of the legal interests
and the best interests of the child at every stage of the proceedings and shall do
all of the following:
(1) Meet with the child as soon as possible following appointment pursuant to section
6337 (relating to right to counsel) and on a regular basis thereafter in a manner
appropriate to the child's age and maturity.
(2) On a timely basis, be given access to relevant court and county agency records, reports
of examination of the parents or other custodian of the child pursuant to this chapter
and medical, psychological and school records.
(3) Participate in all proceedings, including hearings before masters, and administrative
hearings and reviews to the degree necessary to adequately represent the child.
(4) Conduct such further investigation necessary to ascertain the facts.
(5) Interview potential witnesses, including the child's parents, caretakers and foster
parents, examine and cross-examine witnesses and present witnesses and evidence necessary
to protect the best interests of the child.
(6) At the earliest possible date, be advised by the county agency having legal custody
of the child of:
(i) any plan to relocate the child or modify custody or visitation arrangements, including
the reasons therefor, prior to the relocation or change in custody or visitation;
and
(ii) any proceeding, investigation or hearing under 23 Pa.C.S. Ch. 63 (relating to child
protective services) or this chapter directly affecting the child.
(7) Make specific recommendations to the court relating to the appropriateness and safety
of the child's placement and services necessary to address the child's needs and safety.
(8) Explain the proceedings to the child to the extent appropriate given the child's age,
mental condition and emotional condition.
(9) Advise the court of the child's wishes to the extent that they can be ascertained
and present to the court whatever evidence exists to support the child's wishes. When
appropriate because of the age or mental and emotional condition of the child, determine
to the fullest extent possible the wishes of the child and communicate this information
to the court. A difference between the child's wishes under this paragraph and the
recommendations under paragraph (7) shall not be considered a conflict of interest
for the guardian ad litem.
(May 10, 2000, P.L.74, No.18, eff. 60 days)
2000 Amendment. Act 18 added section 6311. Section 5(1) of Act 18 provided that Act 18 shall apply
to proceedings initiated on or after the effective date of Act 18.
Suspension by Court Rule. Subsection (b)(9) was suspended by Pennsylvania Rule of Juvenile Court Procedure No.
1800(3), amended April 29, 2011, insofar as it is inconsistent with Rules 1151 and
1154 relating to assignment of guardian ad litem and counsel and duties of guardian
ad litem.
Cross References. Section 6311 is referred to in sections 6337, 6351 of this title.
Notes of Decisions
In Re: Adoption of: L.B.M., A Minor, 161 A.3d 172 (Pa. 2017).
· cites it 15× “42 Pa.C.S. § 6311. For specified categories of dependent children, Section 6311(a) requires that the court “appoint a guardian ad litem to represent the legal interests and the best interests of the child,” and mandates that “[t]he guardian ad litem must be an attorney at law.”
In re T.S., 192 A.3d 1080 (Pa. 2018).
· cites it 5× “See 42 Pa.C.S. § 6311 ; Pa.R.J.C.P. 1154. After the foster care placement, Mother's court-ordered goals were, inter alia , to participate in drug and alcohol treatment (which included random urine screens), mental health treatment, and parenting classes, and to visit her…”
In Re: J.M., A Minor, Appeal of: A.M., 191 A.3d 907 (Pa. Super. Ct. 2018).
· cites it 7× “42 Pa.C.S. § 6311 (emphasis added). Thus, a dependency court is required by statute to appoint a GAL, who must be an attorney.”
In Re: Adoption of: A.D.M., A Minor, 156 A.3d 1159 (Pa. 2017).
· cites it 15× “42 Pa.C.S. § 6311. For specified categories of dependent children, Section 6311(a) requires that the court "appoint a guardian ad litem to represent the legal interests and the best interests of the child," and mandates that "[t]he guardian ad litem must be an attorney at law.”
In Re: B.J.Z. Appeal of: J.Z., 207 A.3d 914 (Pa. Super. Ct. 2019).
· cites it 3× “Accordingly, we held that there exists a rebuttable presumption against children having to testify and suffer the associated trauma in proceedings such as this, whether it is in open court or in chambers, or in the presence of attorneys, subjected to cross-examination.”
In Re Adoption of J.E.F., 902 A.2d 402 (Pa. 2006).
· cites it 2× “§ 2313(a), 42 Pa.C.S. § 6311 and Pa.O.C.R. 12.4 (guardian ad litem ).”
In the Int. of: Z.N.F., Appeal of: H.F., 212 A.3d 548 (Pa. Super. Ct. 2019).
· cites it 2× “§ 6311(b)(9) (emphasis added). By straightforward implication, if the wishes of the child cannot be ascertained, the GAL has no duty to "advise the court" of such wishes.”
V.S. v. Dep't of Pub. Welfare, 131 A.3d 523 (Pa. Commw. Ct. 2015).
“1 of the Juvenile Act, 42 Pa.C.S. §§ 6311, 6337, 6337.1, require that guardians ad litem and counsel are appointed to protect minors’ interests in dependency and delinquency proceedings.”
Harris v. Lehigh Cnty. Off. of Child. & Youth Servs., 418 F. Supp. 2d 643 (E.D. Pa. 2005).
“Title 42 Pa.C.S. § 6311 provides that the guardian ad litem is charged with representation of the legal interests and the best interests of the child at every state of the proceedings: (1) Meet with the child as soon as possible following appointment pursuant to § 6337 (relating…”
In the Interest of: A.M., Appeal of: P.M.-T., 223 A.3d 691 (Pa. Super. Ct. 2019).
“simply fails to establish, and we do not discern, any error in the trial court’s decision to allow the GAL to participate in the hearings related to P.”
N.W.M. v. Langenbach, P., Aplts. (Pa. 2024).
· cites it 13× “2 See 42 Pa.C.S. § 6311; Pa.R.J.P. 1151, 1154. consists of legal advocacy, not adjudication, and, as such, confers no quasi-judicial immunity on GALs.”
In Re: Adoption of: L.B.M., A Minor (Pa. 2017).
· cites it 7× “42 Pa.C.S. § 6311. For specified categories of dependent children, Section 6311(a) requires that the court “appoint a guardian ad litem to represent the legal interests and the best interests of the child,” and mandates that “[t]he guardian ad litem must be an attorney at law.”
— 42 Pa. Cons. Stat. § 6311(a) — 31 cases
In Re: Adoption of: L.B.M., A Minor, 161 A.3d 172 (Pa. 2017).
“42 Pa.C.S. § 6311. For specified categories of dependent children, Section 6311(a) requires that the court “appoint a guardian ad litem to represent the legal interests and the best interests of the child,” and mandates that “[t]he guardian ad litem must be an attorney at law.”
In re T.S., 192 A.3d 1080 (Pa. 2018).
“See 42 Pa.C.S. § 6311 ; Pa.R.J.C.P. 1154. After the foster care placement, Mother's court-ordered goals were, inter alia , to participate in drug and alcohol treatment (which included random urine screens), mental health treatment, and parenting classes, and to visit her…”
In Re: J.M., A Minor, Appeal of: A.M., 191 A.3d 907 (Pa. Super. Ct. 2018).
“42 Pa.C.S. § 6311 (emphasis added). Thus, a dependency court is required by statute to appoint a GAL, who must be an attorney.”
In Re: Adoption of: A.D.M., A Minor, 156 A.3d 1159 (Pa. 2017).
“42 Pa.C.S. § 6311. For specified categories of dependent children, Section 6311(a) requires that the court "appoint a guardian ad litem to represent the legal interests and the best interests of the child," and mandates that "[t]he guardian ad litem must be an attorney at law.”
In Re: B.J.Z. Appeal of: J.Z., 207 A.3d 914 (Pa. Super. Ct. 2019).
“Accordingly, we held that there exists a rebuttable presumption against children having to testify and suffer the associated trauma in proceedings such as this, whether it is in open court or in chambers, or in the presence of attorneys, subjected to cross-examination.”
— 42 Pa. Cons. Stat. § 6311(b) — 15 cases
In Re: Adoption of: L.B.M., A Minor, 161 A.3d 172 (Pa. 2017).
“42 Pa.C.S. § 6311. For specified categories of dependent children, Section 6311(a) requires that the court “appoint a guardian ad litem to represent the legal interests and the best interests of the child,” and mandates that “[t]he guardian ad litem must be an attorney at law.”
In Re: J.M., A Minor, Appeal of: A.M., 191 A.3d 907 (Pa. Super. Ct. 2018).
“42 Pa.C.S. § 6311 (emphasis added). Thus, a dependency court is required by statute to appoint a GAL, who must be an attorney.”
In Re: Adoption of: A.D.M., A Minor, 156 A.3d 1159 (Pa. 2017).
“42 Pa.C.S. § 6311. For specified categories of dependent children, Section 6311(a) requires that the court "appoint a guardian ad litem to represent the legal interests and the best interests of the child," and mandates that "[t]he guardian ad litem must be an attorney at law.”
In the Interest of: A.M., Appeal of: P.M.-T., 223 A.3d 691 (Pa. Super. Ct. 2019).
“simply fails to establish, and we do not discern, any error in the trial court’s decision to allow the GAL to participate in the hearings related to P.”
— 42 Pa. Cons. Stat. § 6311(b)(1) — 3 cases
N.W.M. v. Langenbach, P., Aplts. (Pa. 2024).
“2 See 42 Pa.C.S. § 6311; Pa.R.J.P. 1151, 1154. consists of legal advocacy, not adjudication, and, as such, confers no quasi-judicial immunity on GALs.”
— 42 Pa. Cons. Stat. § 6311(b)(3) — 1 case
N.W.M. v. Langenbach, P., Aplts. (Pa. 2024).
“2 See 42 Pa.C.S. § 6311; Pa.R.J.P. 1151, 1154. consists of legal advocacy, not adjudication, and, as such, confers no quasi-judicial immunity on GALs.”
— 42 Pa. Cons. Stat. § 6311(b)(4) — 1 case
N.W.M. v. Langenbach, P., Aplts. (Pa. 2024).
“2 See 42 Pa.C.S. § 6311; Pa.R.J.P. 1151, 1154. consists of legal advocacy, not adjudication, and, as such, confers no quasi-judicial immunity on GALs.”
— 42 Pa. Cons. Stat. § 6311(b)(5) — 1 case
N.W.M. v. Langenbach, P., Aplts. (Pa. 2024).
“2 See 42 Pa.C.S. § 6311; Pa.R.J.P. 1151, 1154. consists of legal advocacy, not adjudication, and, as such, confers no quasi-judicial immunity on GALs.”
— 42 Pa. Cons. Stat. § 6311(b)(7) — 7 cases
In Re: J.M., A Minor, Appeal of: A.M., 191 A.3d 907 (Pa. Super. Ct. 2018).
“42 Pa.C.S. § 6311 (emphasis added). Thus, a dependency court is required by statute to appoint a GAL, who must be an attorney.”
N.W.M. v. Langenbach, P., Aplts. (Pa. 2024).
“2 See 42 Pa.C.S. § 6311; Pa.R.J.P. 1151, 1154. consists of legal advocacy, not adjudication, and, as such, confers no quasi-judicial immunity on GALs.”
— 42 Pa. Cons. Stat. § 6311(b)(8) — 2 cases
— 42 Pa. Cons. Stat. § 6311(b)(9) — 12 cases
In Re: Adoption of: L.B.M., A Minor, 161 A.3d 172 (Pa. 2017).
“42 Pa.C.S. § 6311. For specified categories of dependent children, Section 6311(a) requires that the court “appoint a guardian ad litem to represent the legal interests and the best interests of the child,” and mandates that “[t]he guardian ad litem must be an attorney at law.”
In re T.S., 192 A.3d 1080 (Pa. 2018).
“See 42 Pa.C.S. § 6311 ; Pa.R.J.C.P. 1154. After the foster care placement, Mother's court-ordered goals were, inter alia , to participate in drug and alcohol treatment (which included random urine screens), mental health treatment, and parenting classes, and to visit her…”
In Re: J.M., A Minor, Appeal of: A.M., 191 A.3d 907 (Pa. Super. Ct. 2018).
“42 Pa.C.S. § 6311 (emphasis added). Thus, a dependency court is required by statute to appoint a GAL, who must be an attorney.”
In Re: B.J.Z. Appeal of: J.Z., 207 A.3d 914 (Pa. Super. Ct. 2019).
“Accordingly, we held that there exists a rebuttable presumption against children having to testify and suffer the associated trauma in proceedings such as this, whether it is in open court or in chambers, or in the presence of attorneys, subjected to cross-examination.”
In Re: Adoption of: A.D.M., A Minor, 156 A.3d 1159 (Pa. 2017).
“42 Pa.C.S. § 6311. For specified categories of dependent children, Section 6311(a) requires that the court "appoint a guardian ad litem to represent the legal interests and the best interests of the child," and mandates that "[t]he guardian ad litem must be an attorney at law.”
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