Rule 10-325.1. Guardian ad litem notice of whether child will attend hearing.

A. Notice required. A guardian ad litem assigned to represent a child under fourteen (14) years of age shall provide written notice of the following: (1) the child has been advised, to the maximum extent possible given the child’s developmental capacity, of the child’s right to attend any hearing under the Abuse and Neglect Act; (2) the child’s declared position, if ascertainable given the child’s developmental capacity, about whether to attend the upcoming hearing; and (3) the guardian ad litem’s position about why attendance is or is not in the child’s best interest. B. Timing of Notice. Notice shall be filed at least fifteen (15) days before each hearing, unless there is an emergency hearing that is held without fifteen (15) days notice. C. Content of the Notice. The notice shall be substantially in the form approved by the Supreme Court and shall be provided to the following: (1) the children’s court; (2) all parties; (3) the child’s CASA; and (4) the child’s foster parents. D. Written notice not required. Written notice is not required when there is an emergency hearing scheduled without fifteen (15) days notice to the parties. The guardian ad litem for the child shall orally notify the court whether the child was informed of the hearing and whether the child wished to attend such a hearing. E. Alternative method of testimony. If the child wishes to offer information related to the substantive allegations in the petition without appearing in court, the child must file a motion for alternative testimony as provided by Rule 10-340 NMRA.