Request By:
Mr. Robert W. Riley
General Counsel
Department for Human Resources
275 E. Main Street
Frankfort, Kentucky 40601
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Victor Fox, Assistant Attorney General
Your recent letter raised the following:
"Whether or not guardians ad litem are required to represent children involved in dependency actions in juvenile court?"
Since the adoption of the judicial article, a unified Court of Justice exists in Kentucky, including the old juvenile court. CR 1(2) makes the Civil Rules applicable to the Court of Justice.
CR 17.03(1), (2) and (3), as set out in your letter, require the appointment of a guardian ad litem for actions involving an unmarried infant, if the guardian or committee does not act.
These rules are not only limited to where the infant is a party but also where the interests of the unmarried infant are involved.
KRS 208.060(5) makes the provisions of KRS 208.060(3) applicable to dependency actions. This includes counsel appointed by the court under subsection (a).
Given the non-criminal nature of dependency actions, it is our opinion that if the interests of the child are in conflict (real or potential) with the person or persons having legal custody or if they refuse to act, the unmarried infant shall have a guardian ad litem appointed by the court. If the child is married, then of course, the provisions of CR 17.03 are not applicable as to guardians ad litem, but KRS 208.060 would require appointed counsel if the child or person having an interest is unable to obtain counsel.