Mich. Ct. R. 3.916

As amended through June 5, 2024

Rule 3.916 - [Effective 10/1/2024] Guardian Ad Litem

(A) General. The court may appoint a guardian ad litem for a party if the court finds that the welfare of the party requires it.

(B) Appearance. The appearance of a guardian ad litem must be in writing and in a manner and form designated by the court. The appearance shall contain a statement regarding the existence of any interest that the guardian ad litem holds in relation to the minor, the minor's family, or any other person in the proceeding before the court or in other matters.

(C) Access to Information. The appearance entitles the guardian ad litem to be furnished copies of all petitions, motions, and orders filed or entered, and to consult with the attorney of the party for whom the guardian ad litem has been appointed.

(D) Costs. In a child protective proceeding, 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 after a determination of ability to pay, and may enforce the order of reimbursement as provided by law.

Mich. Ct. R. 3.916

Amended June 5, 2024, effective 10/1/2024.

Staff Comment (ADM File No. 2023-36): The amendments of MCR 3.901, MCR 3.915, MCR 3.916, MCR 3.922, MCR 3.932, MCR 3.933, MCR 3.935, MCR 3.943, MCR 3.944, MCR 3.950, MCR 3.952, MCR 3.955, MCR 3.977, MCR 6.931, MCR 6.933, and addition of MCR 3.907 implement the Justice for Kids and Communities legislation derived from recommendations made by the Michigan Task Force on Juvenile Justice Reform.

The staff comment is not an authoritative construction by the Court. In addition, adoption of a new rule or amendment in no way reflects a substantive determination by this Court.

CLEMENT, C.J. (concurring). I wholeheartedly support the Court's adoption of these amendments to implement the Justice for Kids and Communities legislation. I note one potential wrinkle-the amended version of MCL 712A.2f(9)(c) in 2023 SB 428, which was signed into law as 2023 PA 301, states that "[t]he period for a juvenile to complete the terms of a consent calendar case plan must not exceed 3 months . . . ." However, 2024 HB 5393 is currently awaiting passage in the House of Representatives and would change that time limit to six months. Under the amendments to the court rules that our Court now adopts, MCR 3.932(C)(5) refers to the current three-month limit. Should the Legislature extend the time limit to six months, I trust the Court will make a corresponding change to the court rule in an expedited manner.