Ohio Juv. R. 4

As amended through March 13, 2024
Rule 4 - Assistance of Counsel; Guardian Ad Litem
(A) Assistance of counsel. Every party shall have the right to be represented by counsel and every child, parent, custodian, or other person in loco parentis the right to appointed counsel if indigent. These rights shall arise when a person becomes a party to a juvenile court proceeding. This rule shall not be construed to provide for a right to appointed counsel in cases in which that right is not otherwise provided for by constitution or statute.
(B) Guardian ad litem; when appointed. The court shall appoint a guardian ad litemto protect the interests of a child or incompetent adult in a juvenile court proceeding when:
(1) The child has no parents, guardian, or legal custodian;
(2) The interests of the child and the interests of the parent may conflict;
(3) The parent is under eighteen years of age or appears to be mentally incompetent;
(4) The court believes that the parent of the child is not capable of representing the best interest of the child;
(5) Any proceeding involves allegations of abuse, neglect, or dependency, voluntary surrender of permanent custody, or termination of parental rights as soon as possible after the commencement of such proceeding;
(6) There is an agreement for the voluntary surrender of temporary custody that is made in accordance with section 5103.15 of the Revised Code, and thereafter there is a request for extension of the voluntary agreement;
(7) The proceeding is a removal action.
(8) Appointment is otherwise necessary to meet the requirements of a fair hearing.
(9) If a court appoints a person who is not an attorney admitted to the practice of law in this state to be a guardian ad litem, the court may appoint an attorney admitted to the practice of law in this state to serve as attorney for the guardian ad litem, child, or ward.
(C) If a person is serving as Guardian ad litem for a child or ward, and the court finds a conflict exists between the role of the Guardian ad litem and the interest or wishes of the child of the ward, the court shall appoint counsel for the child or ward.
(D) Appearance of attorneys. An attorney shall enter appearance by filing a written notice with the court or by appearing personally at a court hearing and informing the court of said representation.
(E) Notice to guardian ad litem. The guardian ad litem shall be given notice of all proceedings in the same manner as notice is given to other parties to the action.
(F) Withdrawal of counsel or guardian ad litem. An attorney or guardian ad litem may withdraw only with the consent of the court upon good cause shown.
(G) Costs. The court may fix compensation for the services of appointed counsel and guardians ad litem, tax the same as part of the costs and assess them against the child, the child's parents, custodian, or other person in loco parentis of such child.

Ohio. Juv. R. 4

Effective:7/1/1972; amended effective 7/1/1976;7/1/1994;7/1/1995;7/1/1998; amended March 12, 2020, effective 7/1/2020.