GENERAL ASSEMBLY OF NORTH CAROLINA

1989 SESSION

 

 

CHAPTER 851

SENATE BILL 1591

 

AN ACT TO CLARIFY PROVISIONS REGARDING THE APPOINTMENT OF A GUARDIAN AD LITEM.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 7A-289.29 is amended by adding the following new subsections:

"(c)      In proceedings under this Article, the appointment of a guardian ad litem shall not be required except, as provided above, in cases in which an answer is filed denying material allegations, or as required under G.S. 7A-289.23; but the court may, in its discretion, appoint a guardian ad litem for a child, either before or after determining the existence of grounds for termination of parental rights, in order to assist the court in determining the best interests of the child.

(d)       If a guardian ad litem has previously been appointed for the child under G.S. 7A-586, and the appointment of a guardian ad litem could also be made under this section, the guardian ad litem appointed under G.S. 7A-586, and any attorney appointed to assist that guardian, shall also represent the child in all proceedings under this Article and shall have the duties and payment of a guardian ad litem appointed under this section, unless the court determines that the best interests of the child require otherwise."

Sec. 2.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 6th day of July, 1990.