Rule 5.662.Child Abuse Prevention and Treatment Act (CAPTA) guardian ad litem for a child subject to a juvenile dependency petition

Division 3. Juvenile Rules · Chapter 11. Advocates for Parties · Last amended 2007 · Last verified September 10, 2026

In one sentenceRule 5.662 requires a CAPTA guardian ad litem for every child subject to a dependency petition, and defines that role as distinct from a guardian ad litem in any other kind of case.

Full Text of Rule 5.662

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Authority

This rule is adopted under section 326.5.

(b) Applicability

The definition of the role and responsibilities of a CAPTA guardian ad litem in this rule applies exclusively to juvenile dependency proceedings and is distinct from the definitions of guardian ad litem in all other juvenile, civil, and criminal proceedings. No limitation period for bringing an action based on an injury to the child commences running solely by reason of the appointment of a CAPTA guardian ad litem under section 326.5 and this rule.

A CAPTA guardian ad litem must be appointed for every child who is the subject of a juvenile dependency petition under section 300. An attorney appointed under rule 5.660 will serve as the child’s CAPTA guardian ad litem under section 326.5. If the court finds that the child would not benefit from the appointment of counsel, the court must appoint a CASA volunteer to serve as the child’s CAPTA guardian ad litem. The court must identify on the record the person appointed as the child’s CAPTA guardian ad litem.

(d) General duties and responsibilities

The general duties and responsibilities of a CAPTA guardian ad litem are:

(1) To obtain firsthand a clear understanding of the situation and needs of the child; and

(2) To make recommendations to the court concerning the best interest of the child as appropriate under (e) and (f).

(e) Attorney as guardian ad litem

The specific duties and responsibilities of the child’s court-appointed attorney who is appointed to serve as the child’s CAPTA guardian ad litem are stated in section 317(e) and rule 5.660.

(f) CASA volunteer as CAPTA guardian ad litem

The specific duties and responsibilities of the child’s CASA volunteer who is appointed to serve as the child’s CAPTA guardian ad litem are stated in section 102(c) and rule 5.655.

End

Plain-English Summary

The federal Child Abuse Prevention and Treatment Act requires an independent voice for the child, and this rule supplies it. A CAPTA guardian ad litem must be appointed for every child who is the subject of a section 300 petition. Ordinarily this is the attorney appointed under the attorney rule, who serves in both capacities. Where the court has found the child would not benefit from counsel, it appoints a CASA volunteer instead. Either way the court must identify on the record who has been appointed.

The role is deliberately walled off. This definition applies only in dependency proceedings and is distinct from every other use of the term in juvenile, civil and criminal matters. And the appointment does not start any limitation clock on a claim for injury to the child.

Two general duties attach: to obtain firsthand a clear understanding of the child’s situation and needs, and to recommend to the court what is in the child’s best interest. The specific duties are those of whichever role the person occupies — the statutory duties of the child’s appointed attorney, or those of a CASA volunteer under the CASA program rule.

Frequently Asked Questions

Who serves as the CAPTA guardian ad litem?

Normally the attorney appointed for the child under rule 5.660. Where the court finds the child would not benefit from counsel, a CASA volunteer is appointed to the role instead. The court must identify the appointee on the record.

Is this the same as a guardian ad litem in other cases?

No. The definition applies exclusively to juvenile dependency proceedings and is distinct from the definitions used in all other juvenile, civil and criminal proceedings.

Does the appointment start a limitation period running?

No. No limitation period for bringing an action based on an injury to the child begins to run solely because a CAPTA guardian ad litem was appointed.

What does the CAPTA guardian ad litem have to do?

Obtain firsthand a clear understanding of the child’s situation and needs, and make best-interest recommendations to the court. The specific duties are those of the child’s appointed attorney or of a CASA volunteer, depending on who holds the role.

Amendment History

Rule 5.662 amended and renumbered effective January 1, 2007; adopted as rule 1448 effective January 1, 2003.

(Subd (a) amended effective January 1, 2007.) (Subd (b) amended effective January 1, 2007.) (Subd (c) amended effective January 1, 2007.) (Subd (e) amended effective January 1, 2007.) (Subd (f) amended effective January 1, 2007.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: CAPTA guardian ad litem Californiasection 326.5 guardian ad litemguardian ad litem dependency petitionCASA volunteer guardian ad litem