Rule 118.Child Advocate

Part I. General Administration · Last amended January 1, 2025 · Last verified September 4, 2026

In one sentenceRule 118 lets the court appoint either a lawyer for the child or a guardian ad litem, and gives the two roles opposite duties on reporting and testifying.

Full Text of Rule 118

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

(a) Child Advocate Appointment. The court may appoint an attorney to either:

(1) be the child's attorney to represent the child's interests based on the child's wishes; or

(2) be the child's guardian ad litem to represent the best interest of the child as specified in Idaho Code § 32-717.

(b) Child Advocate Qualifications. The court may appoint an attorney who is qualified through training or experience, as determined by the court and according to any standards established by Idaho law or rule. At a minimum, the attorney should have five years of experience involving children and families in the courts and appropriate training as determined by the court.

(1) a clear statement of the type of advocate appointed;

(2) the duration of the appointment;

(3) the advocate's compensation, and an allocation of fees and expenses between the parties;

(4) authorization for the advocate to have immediate access to the child;

(5) authorization for the advocate to have immediate access to any privileged or confidential information and records relating to the child;

(6) requirements for the parties to sign appropriate releases that comply with the Health Insurance Portability and Accountability Act (HIPAA), understanding that the attorney for the child has no authority to release the confidential documents, unless by court order;

(7) requirements for a custodian of any of the child's records to provide the advocate with access to those records; and

(8) requirements for all parties to promptly notify the advocate of all hearings, investigations, depositions, or significant changes of circumstances involving the child.

(d) Participation.

(1) An attorney for the child appointed under this rule:

(A) must notify the court and decline appointment if the child is not of sufficient age, maturity, or intelligence to guide the attorney;

(B) must participate in any proceedings relating to child custody to the same extent as an attorney for any party;

(D) may call any court-appointed expert witness for cross-examination regarding the witness' report without a party listing the advisor as a witness;

(E) may not be compelled to produce the attorney's work product developed during the appointment;

(F) may not be required to disclose the source of information obtained as a result of the appointment;

(G) must not submit a report into evidence; and

(H) must not testify in court.

(2) A guardian ad litem appointed under this rule:

(A) must represent the child's best interest;

(B) must conduct an independent factual investigation of the circumstances of the child;

(D) must meet with any parent or other person having legal or physical custody of the child, record the concerns of the parent, and report them to the court, or if no such meeting occurs, file an affidavit stating why no meeting occurred;

(E) participate in any proceedings relating to child custody;

(F) must not engage in ex parte contact with the court except as authorized by law;

(G) must submit a written report to the court stating the results of the investigation, the guardian ad I item's recommendations, and such other information as the court may require. The guardian ad litem's written report shall be delivered to the court, with copies to all parties to the case, at least 7 days before the date set for the final pretrial conference;

(H) will have the right and power to file pleadings, motions, memoranda, and briefs on behalf of the child;

(I) may be deposed by any party; and

(J) may testify at a hearing or trial.

(3) Right to Call Child's Attorney Guardian Ad Litem as a Witness. A party, including a child's attorney, may call the attorney guardian ad litem as a witness and cross-examine the guardian ad litem regarding the report and the investigation, even if the party did not list the guardian ad litem as a witness.

(e) Confidentiality. Nothing in this rule alters the duty of an attorney to report child abuse or neglect under applicable law.

End

Rule History

(Adopted December 17, 2024, effective January 1, 2025.)

Plain-English Summary

Rule 118, adopted with Rule 117 and effective January 1, 2025, offers the court two very different appointees. Choosing between them decides how the child's position reaches the judge.

Two roles

The court may appoint an attorney to be either the child's attorney, representing the child's interests based on the child's wishes, or the child's guardian ad litem, representing the child's best interest as specified in Idaho Code section 32-717.

Qualifications and the order

The appointee must be qualified through training or experience as the court determines — at a minimum five years of experience involving children and families in the courts, plus appropriate training. The appointment order must state the type of advocate, the duration, compensation and allocation of fees between the parties, authorization for immediate access to the child and to privileged or confidential records, HIPAA-compliant releases, a requirement that records custodians provide access, and a requirement that all parties promptly notify the advocate of hearings, investigations, depositions or significant changes involving the child.

The child's attorney: advocate, never witness

An attorney for the child must decline the appointment and notify the court if the child is not of sufficient age, maturity, or intelligence to guide the attorney — the role only works where there is a client to instruct it. The attorney participates to the same extent as an attorney for any party, must not engage in ex parte contact with the court except as authorized by law, and may call any court-appointed expert for cross-examination without listing them as a witness.

Then four protections that make this a lawyer rather than an investigator: the attorney may not be compelled to produce work product, may not be required to disclose sources, must not submit a report into evidence, and must not testify.

The guardian ad litem: investigator and witness

The guardian ad litem represents best interest, must conduct an independent factual investigation, must inquire of any child capable of expressing wishes, and must meet with each parent or custodian, record their concerns and report them — or file an affidavit explaining why no meeting occurred.

And the mirror image of the attorney's protections: the guardian ad litem must submit a written report with findings and recommendations, delivered to the court with copies to all parties at least 7 days before the final pretrial conference; has the power to file pleadings, motions, memoranda and briefs on the child's behalf; may be deposed; and may testify. Any party — including the child's attorney — may call the guardian ad litem as a witness and cross-examine on the report and investigation even without listing them.

What neither role changes

Nothing in the rule alters an attorney's duty to report child abuse or neglect under applicable law.

Frequently Asked Questions

What is the difference between a child's attorney and a guardian ad litem?

Rule 118(a) has the child's attorney represent the child's interests based on the child's wishes, and the guardian ad litem represent the child's best interest under Idaho Code section 32-717. Rule 118(d) then gives them opposite duties: the attorney must not submit a report or testify, while the guardian ad litem must submit a written report and may be deposed and testify.

Can the child's attorney be called as a witness?

No. Rule 118(d)(1)(H) provides that the attorney must not testify, and Rule 118(d)(1)(G) that the attorney must not submit a report into evidence.

When is the guardian ad litem's report due?

Rule 118(d)(2)(G) requires it delivered to the court with copies to all parties at least 7 days before the date set for the final pretrial conference.

What if my child is too young to direct a lawyer?

Rule 118(d)(1)(A) requires an attorney for the child to notify the court and decline the appointment if the child is not of sufficient age, maturity, or intelligence to guide the attorney.

What experience must a child advocate have?

Rule 118(b) requires an attorney qualified through training or experience as the court determines, and at a minimum five years of experience involving children and families in the courts plus appropriate training.

Who pays for a child advocate?

Rule 118(c)(3) requires the appointment order to state the advocate's compensation and an allocation of fees and expenses between the parties.

Source & verification. Rule text and Rule History reproduced verbatim from the Idaho Rules of Family Law Procedure as published by the Idaho Supreme Court, current through amendments effective July 1, 2026. Promulgated by the Supreme Court of Idaho (Idaho Const. art. V, sec. 25). Last verified September 4, 2026. · Official text

Also known as: child advocateguardian ad litemGALattorney for the childbest interests32-717child's wisheschild representation