Tennessee Code Annotated
Tenn. Code Ann. § 37-1-149 (2026)
Guardian ad litem - Special advocate - Appointment
✓ current as of May 2026
- (a)
- (1) The court at any stage of a proceeding under this part, on application of a party or on its own motion, shall appoint a guardian ad litem for a child who is a party to the proceeding if such child has no parent, guardian or custodian appearing on such child's behalf or such parent's, guardian's or custodian's interests conflict with the child's or in any other case in which the interests of the child require a guardian. The court, in any proceeding under this part resulting from a report of harm or an investigation report under §§ 37-1-401 - 37-1-411, shall appoint a guardian ad litem for the child who was the subject of the report. A party to the proceeding or the party's employee or representative shall not be appointed.
- (2) Any guardian ad litem appointed by the court shall receive training appropriate to that role prior to such appointment. Such training shall include, but is not limited to, training in early childhood, child and adolescent development provided by a qualified professional.
- (b)
- (1) The court may also appoint a nonlawyer special advocate trained in accordance with that role and in accordance with the standards of the Tennessee Court Appointed Special Advocates Association (CASA) to act in the best interest of a child before, during and after court proceedings.
- (2) The court-appointed special advocate shall conduct such investigation and make such reports and recommendations pertaining to the welfare of a child as the court may order or direct.
- (3) Any guardian ad litem or special advocate so appointed by the court shall be presumed to be acting in good faith and in so doing shall be immune from any liability that might otherwise be incurred while acting within the scope of such appointment.
Acts 1970, ch. 600, § 48; 1973, ch. 81, § 4; T.CA., § 37-248; Acts 1990, ch. 929, § 1; 2004, ch. 584, §§ 1, 2; 2012, ch. 1016, § 2.
Notes of Decisions
Cited in 17
cases (1 in the last 5 years), 1993–2021 · leading case: In Re Carrington H., 483 S.W.3d 507 (Tenn. 2016).
In Re Carrington H., 483 S.W.3d 507 (Tenn. 2016). “39(d) (stating that appointment of a guardian ad litem in a juvenile court parental termination proceeding shall be pursuant to Tenn. Code Ann. § 37-1-149 (a) (2014)); Tenn.”
William Winchester v. Christy Little, 996 S.W.2d 818 (Tenn. Ct. App. 1998). “The trial court granted the motion on the grounds that the claim for defamation was time barred; Winchester’s allegations were insufficient to state a claim for negligence as Little owed no duty to Winchester; Little, as GAL, was immune from suit pursuant to Tenn.Code Ann. §…”
In Re Billy W., 875 A.2d 734 (Md. 2005). “Codified Laws § 16-2-51 (2003); Tenn.Code Ann. §§ 37-1-149 (1990); Utah Code Ann.”
State Ex Rel. Dep't of Human Servs. v. Harris, 849 S.W.2d 334 (Tenn. 1993). “That section provides, in part: (a) The following expenses may be a charge upon the funds of the county upon certification thereof by the court: [[Image here]] (3) Reasonable compensation for a guardian ad litem except that in the case of indigents the state, through the…”
William Winchester v. Christy Little (Tenn. Ct. App. 1998). “The trial court granted the motion on the grounds that the claim for defamation was time barred; Winchester’s allegations were insufficient to state a claim for negligence as Little owed no duty to Winchester; Little, as GAL, was immune from suit 2 pursuant to Tenn. Code Ann.…”
In Re Lucas H. (Tenn. Ct. App. 2021). “Tenn. Code Ann. § 37-1-149 (a)(1). 11 Rule 305 is located in the section of the Tennessee Rules of Juvenile Practice and Procedure - 10 - motion requesting the release of Mother’s medical records.”
In the Matter of Kentavious M. (d.o.b. 03/29/2007), A Minor Child Under Eighteen (18) years of age (Tenn. Ct. App. 2010). “Tenn. Code Ann. § 37-1-149 (a)(1) (2010).”
Turnage, Clarence v. Dole Refrigerating Co., Inc., 2020 TN WC 26 (Tenn. Ct. Work. Comp. Cl. 2020). “” The same section also specifies that the Court’s authority to appoint a guardian ad litem should be “consistent with § 37-1-149 and Tennessee Supreme Court Rule 40.”
In Re Ashton V. (Tenn. Ct. App. 2017). “” Tenn. Code Ann. § 37-1-149 (b) (2014). 4 Father testified that Mother had denied him his parenting time on a Wednesday afternoon.”
Sinan Gider v. Lydia Hubbell (Tenn. Ct. App. 2017). “” Tenn. Code Ann. § 37-1-149 (b)(2) (2014).”
In the Matter of: Jonathan S. C-B (Tenn. Ct. App. 2012). “Tenn. Code Ann. § 37-1-149 requires the trial court to appoint a guardian ad litem for a child “in any proceedings under -25- this part resulting from a report of harm or an investigation report under §§ 37-1-401–37-1- 411.”
Sherry C. Sloan v. William Chadwick Poff (Tenn. Ct. App. 2011). “Pro. 17.03 and the case law cited. Section 3(a) of this rule provides: Consistent with Tennessee Code Annotated section 36-4-132, in a custody proceeding the court may appoint a guardian ad litem when the court finds that the child’s best interests are not adequately protected…”
— Tenn. Code Ann. § 37-1-149(a)(1) — 1 case
In the Matter of Kentavious M. (d.o.b. 03/29/2007), A Minor Child Under Eighteen (18) years of age (Tenn. Ct. App. 2010). “Tenn. Code Ann. § 37-1-149 (a)(1) (2010).”
— Tenn. Code Ann. § 37-1-149(b)(1) — 2 cases
In matter D.I.S. (Tenn. Ct. App. 2001).
In Matter of Jo'Nise Perry (Tenn. Ct. App. 2000).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.