Rule 1915.11-2.Guardian Ad Litem.

Comment. : Subdivision (a)(1) states that the guardian ad litem may be appointed when ‘‘the appointment is necessary.’’ Such appointments should be limited to extraordinary cases in which the trial judge deter- mines that the level of conflict is unusually high or that the parties will be absolutely unable to pro- vide the court with the information necessary to evaluate and determine the subject child’s best inter- ests. Regardless of appointment of a GAL, the duty and responsibility to determine the best interests of the children involved lies solely with the trial judge. The Supreme Court of Pennsylvania suspended 23 Pa.C.S. § 5334 insofar as it (1) requires that a guardian ad litem be an attorney, (2) permits the guardian ad litem to represent both the best interests and legal interests of the child, (3) provides the guardian ad litem the right to examine, cross-examine, present witnesses, and present evidence on behalf of the child, and (4) prohibits the guardian ad litem from testifying. See 23 Pa.C.S. § 5336, prohibiting disclosure of certain records and information to parents and parties. Subdivision (d)(1) and (e)(3) reference the requirements of Pa.R.E. 703. Rule 703 relates to the bases for expert opinion testimony. While the requirements of Rule 703 must be satisfied for any written report that includes statements made by a subject child, the guardian ad litem is not an expert witness and need not be qualified as an expert prior to testifying. However, the guardian ad litem In addition, the guardian ad litem cannot serve as a mere conduit for hearsay or for the opinions of another person, including the subject child. The guardian ad litem cannot relate the opinion of a non-testifying witness unless the guardian ad litem has reasonably relied upon it. Upon appropriate objection from any party, the trial court shall strike any testimony or portion of the guardian ad litem’s written report that is inadmissible as hearsay if the requirements for Pa.R.E. 703 are not met. Subdivision (d)(6) provides that a party may subpoena an individual interviewed by the guardian ad litem, an individual that is identified in the guardian ad litem’s report, or a document relied upon by the guardian ad litem in producing the report. The subdivision shall not be construed to limit a party’s ability to subpoena other individuals or for the production of documents for a trial or hearing, or for discovery purposes, if the court had previously authorized discovery pursuant to Pa.R.Civ.P. 1915.5(c). remains subject to questions and cross-examination regarding qualifications and experi- ence.