Juvenile Law Bulletin #2026/01

Abuse, neglect, dependency (A/N/D), and termination of parental rights (TPR) proceedings are civil actions. These cases involve multiple parties, including a county department of social services (DSS) as the petitioner in an A/N/D action, the individual or agency with standing who commenced a TPR action, the juvenile who is the subject of the action, respondent parents, and, when applicable, respondent guardians, custodians, or caretakers. As in other civil actions, a guardian ad litem (GAL) may be appointed to the parties in an A/N/D or TPR action pursuant to Rule 17 of the North Carolina Rules of Civil Procedure. 

This bulletin seeks to answer the many questions that arise about Rule 17 GALs for respondents in A/N/D and TPR cases. Using a question-and-answer format, the bulletin is organized into seven sections that examine

• Rule 17 GALs generally;
• the applicability of Rule 17 to A/N/D and TPR proceedings;
• Rule 17 appointment procedures, timing, and standards for incompetency;
• the appointment of a Rule 17 GAL for an unemancipated minor parent;
• persons who may serve as Rule 17 GALs and their compensation;
• duties and responsibilities of a Rule 17 GAL in A/N/D and TPR proceedings; and
• when and how a Rule 17 GAL appointment terminates.

The content focuses on statutes and appellate opinions, current as of the date the bulletin is posted, related to Rule 17 GALs for respondents. It does not address previous iterations of GAL representation (including GALs of assistance) for respondent parents that had been provided for in the state Juvenile Code and no longer apply.