7.12Appointment of Guardians Ad Litem (GAL)

If the court finds that the welfare of the child requires it, the court may appoint a guardian ad litem to assist the court in determining the child’s best interests.¹ MCL 712A.17c(10); MCR 3.916(A). A guardian ad litem does not need to be an attorney. MCL 712A.13a(1)(f).

Note: Similar to a Court-Appointed Special Advocate (CASA), a guardian ad litem may be appointed to investigate a child’s circumstances and make recommendations to the court regarding the child’s best interests. See Section 7.13 for additional information on CASAs.

Upon appointment, the guardian ad litem must file a written appearance with the court. MCR 3.916(B). The appearance must include “a statement regarding the existence of any interest that the guardian ad litem holds in relation to the [child], the [child’s] family, or any other person in the proceeding before the court or in other matters.” MCR 3.916(B). See SCAO form JC 07, Appearance of Attorney/Guardian Ad Litem/Lawyer-Guardian Ad Litem.

After an appearance is filed, the guardian ad litem is entitled to “copies of all petitions, motions, and orders filed or entered,” and to consult with the child’s attorney and/or lawyer-guardian ad litem. MCR 3.916(C).

A.Governmental Immunity

“A guardian ad litem is immune from civil liability for an injury to a person or damage to property if he or she is acting within the scope of his or her authority as guardian ad litem.” MCL 691.1407(6).

B.Assessment of Costs

“The court may assess the cost of providing a guardian ad litem against the party or a person responsible for the support of the party, and may enforce the order of reimbursement as provided by law.”² MCR 3.916(D). Where the child is a ward of the state and a guardian ad litem is required in order for the case to proceed, the DHHS “is the responsible party for payment of [the guardian ad litem’s] fees and expenses.” Doe v Boyle, 312 Mich App 333, 348 (2015) (noting that “[a]lthough[, in this case, the guardian ad litem] was appointed in a civil case, rather than a child-protective or delinquency proceeding, . . . [since the child] was a ward of the state and required a guardian ad litem in order for the case to proceed[,] . . . [i]n this case, the person responsible for [the child] was the state[]”).