Rule 1-152. Mandatory and discretionary appointment of guardian ad litem; powers and duties of the guardian ad litem; payment.

A. Mandatory appointment. The court shall appoint a guardian ad litem when the following are met: (1) a parent of the child is participating in the proceedings and objects to the petition to appoint a kinship guardian; or (2) a parent of the child is petitioning for revocation of an established guardianship created under the Kinship Guardianship Act and the guardian objects to the revocation. B. Discretionary appointment. The court may appoint a guardian ad litem for the child on the motion of a party or solely in the court’s discretion. C. Powers and duties. The order of appointment shall be substantially in the form adopted by the Supreme Court. See Form 4A-515 NMRA. A guardian ad litem appointed by the court in these proceedings shall (1) in connection with a petition to establish a kinship guardianship (a) make a diligent investigation of the circumstances surrounding the petition, including visiting the child in the home, interviewing the person proposed as guardian, and interviewing the parents of the child, if available; (b) report to the court about the best interests of the child and the child’s position on the requested relief; and (c) recommend an appropriate transition plan if the child is residing with the petitioner and the petition for kinship guardianship is not granted. (2) in connection with a petition or motion for revocation of a guardianship (a) report to the court about the best interests of the child and the child’s position on the requested relief; and (b) recommend an appropriate transition plan if the guardianship is revoked. D. Payment. The court may order all or some of the parties to pay a reasonable fee for a guardian ad litem. If all of the parties are indigent, the court may award a reasonable fee to the guardian ad litem to be paid out of funds of the court.