Utah Code § 78A-2-104.5 — Utah Code / Title 78A / Chapter 78A-2 / § 78A-2-104.5
§ 78A-2-104.5. Guardian ad Litem Oversight Committee.
Status: in_force

(1) There is established the Guardian ad Litem Oversight Committee, supervised by the Judicial Council. (2) The committee shall consist of: (a) seven members appointed by the Judicial Council, including: (i) a current or former juvenile court judge; (ii) an attorney with experience representing parents in child welfare cases; (iii) an attorney with experience representing the Division of Child and Family Services in child welfare cases; (iv) a behavioral or mental health clinical provider with experience working with families involved in child welfare cases; (v) an individual with experience working with or advocating for youth in foster care; (vi) an individual with lived experience as a parent involved with the child welfare system; and (vii) an individual with lived experience as a child or youth involved with the child welfare system; (b) two members appointed by the Administrative Office of the Courts, including: (i) a current or former court administrator; and (ii) a current internal court auditor; (c) a member of the Senate, whom the president of the Senate appoints; (d) a member of the House of Representatives, whom the speaker of the House of Representatives appoints; and (e) the guardian ad litem director, described in Section 78A-2-802, or the director's designee. (3) The committee shall: (a) oversee the statewide guardian ad litem program; (b) evaluate the Office of Guardian ad Litem's compliance with the statutory obligations described in Section 78A-2-802; (c) assess the effectiveness of the statewide guardian ad litem program, including in: (i) cases in which the minor is the subject of an abuse, neglect, or dependency petition as described in Section 78A-2-803; (ii) cases in which an attorney guardian ad litem is appointed by the district court as described in Section 78A-2-703; (iii) cases in which a private guardian ad litem is appointed, as described in Section 78A-2-705; and (iv) any other cases in which a guardian ad litem represents a minor, including as described in Section 78B-7-202, 80-4-106, 80-7-104, or 81-13-203; (d) annually review a randomly selected sample of the statewide guardian ad litem program cases, including attorney guardian ad litem and private guardian ad litem cases; (e) review the report described in Section 78A-2-802; and (f) make recommendations regarding the statewide guardian ad litem program. (4) In reviewing cases as described in Subsection (3)(d), the committee shall assess: (a) whether the office is adequately representing the minor's interests; (b) compliance with the requirement to conduct an independent investigation, meet with the minor, and keep the minor informed regarding the case; and (c) the outcomes of cases for children and families. (5) The committee may: (a) replace the guardian ad litem director in accordance with Section 78A-2-802; (b) establish policies, requirements, or guidelines for guardians ad litem; and (c) subject to Subsection (6), review and discuss individual cases assigned to the Office of Guardian ad Litem. (6) (a) If the committee discusses an individual case, the committee shall close the committee's meeting in accordance with Title 52, Chapter 4, Open and Public Meetings Act. (b) A record of the committee regarding an individual case: (i) is classified as private under Section 63G-2-302; and (ii) may be disclosed only in accordance with federal law and Title 63G, Chapter 2, Government Records Access and Management Act. (c) The committee shall have access to all of the Office of Guardian ad Litem's records, including records regarding individual cases. (d) Except as provided in Subsection (6)(c), and notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, all records of an attorney guardian ad litem are confidential and may not be released or made public upon subpoena, search warrant, discovery proceedings, or otherwise. (e) In accordance with Title 63G, Chapter 2, Government Records Access and Management Act, all documents and information received by the committee from the Office of Guardian ad Litem shall maintain the same classification under Title 63G, Chapter 2, Government Records Access and Management Act, that was designated by the Office of Guardian ad Litem. (f) Subsection (6)(c) is an exception to Utah Rules of Professional Conduct, Rule 1.6, as provided by Rule 1.6(b)(4), because of: (i) the unique role of an attorney guardian ad litem; and (ii) the state's role and responsibility to provide a guardian ad litem program, and as parens patriae, to protect minors. (7) The committee shall meet at least quarterly. (8) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107. (9) On or before November 1, the committee shall provide an annual report to the Judicial Council and the Child Welfare Legislative Oversight Panel regarding the committee's activities, findings, and recommendations.