Ohio R. Superi. Ct. 48.07

As amended through October 15, 2024
Rule 48.07 - Responsibilities of the Court

Each court appointing guardians ad litem shall do all of the following:

(A) Maintain a public list of approved guardians ad litem while maintaining individual privacy pursuant to Sup.R. 44 through 47;
(B) Establish criteria, which include all requirements of Sup.R. 48 through 48.07, for appointment and removal of guardians ad litem and procedures to ensure an equitable distribution of the work load among the guardians ad litem on the list. Equitable distribution means a system through which appointments are made in an objectively rational, fair, neutral, and nondiscriminatory manner and are widely distributed among substantially all persons from the list maintained by the court. The court may consider the complexity of the issues, parties, counsel, and the children involved, as well as the experience, expertise, and demeanor of available guardians ad litem.
(C) Coordinate the application and appointment process, keep the files and records required by Sup.R. 48 through 48.07, maintain information regarding training opportunities, and receive written comments and complaints regarding the performance of guardians ad litem practicing before that court;
(D) Maintain files for all applicants and for individuals approved for appointment as guardians ad litem with the court. The files shall contain all records and information required by, Sup.R. 48 through 48.07 and by local rules, for the selection and service of guardians ad litem, including a certificate or other satisfactory proof of compliance with training requirements.
(E) Require all applicants to submit a resume or information sheet stating the applicant's training, experience, and expertise demonstrating the ability of the applicant to successfully perform the responsibilities of a guardian ad litem.;
(F) Review a criminal and civil background check and investigation of information relevant to the fitness of the applicant to serve as a guardian ad litem.;
(G) Review all guardian ad litem reports, written or oral, to ensure that the guardian ad litem has performed those responsibilities required by R.C. 2151.281;
(H) Conduct, at least annually, a review of its list to determine that all guardians ad litem are in compliance with the training and education requirements of Sup.R. 48 through 48.07 and local rules, have performed satisfactorily on all assigned cases during the preceding calendar year, and are otherwise qualified to serve;
(I) Require all guardians ad litem on its list to certify annually they are unaware of any circumstances that would disqualify them from serving and to report the training they have attended to comply with. Sup.R. 48.05;
(J) Develop a process or local rule for comments and complaints regarding the performance of guardians ad litem practicing before that court that does all of the following:
(1) Designates a person for accepting and considering written comments and complaints;
(2) Provides a copy of the comments and complaints to the guardian ad litem who is the subject of the complaint or comment;
(3) Forwards any comments and complaints to the administrative judge of the court for consideration and appropriate action;
(4) Develops a provision for the timely disposition by the court;
(5) Notifies the person making the comment or complaint and the subject guardian ad litem of the disposition;
(6) Maintains a written record in the file of the guardian ad litem regarding the nature and disposition of any comment or complaint.

Ohio. R. Superi. Ct. 48.07

Adopted August 18, 2020, effective 1/1/2021.