A. The court shall appoint a guardian ad litem of the estate of the child when necessary for the purpose of preserving the child's property rights, securing for the child any benefits to which the child may be entitled under social security programs, insurance, claims against third parties, and otherwise, and receiving and administering such funds or property for the care and education of the child.

1. When the child is in the emergency or temporary custody of the Department of Human Services, the court may appoint an attorney or a parent as guardian ad litem of the estate of the child.

2. When a child is in the permanent legal custody of the Department, the Director shall serve as the legal guardian of the estate of the child until an attorney guardian ad litem is appointed.

B. A copy of the order appointing a guardian ad litem shall be provided to the Department.

C. When the appointment of a guardian ad litem is necessary, the appointment may be made in the deprived case; provided, the actions of the guardian ad litem shall be subject to the approval of the court with jurisdiction to adjudicate the property interests of the child.

Added by Laws 1971, c. 248, § 1, emerg. eff. June 16, 1971. Amended by Laws 1995, c. 352, § 7, eff. July 1, 1995. Renumbered from § 1145 of Title 10 by Laws 1995, c. 352, § 199, eff. July 1, 1995. Amended by Laws 2009, c. 233, § 15, emerg. eff. May 21, 2009. Renumbered from § 7002-2.2 of Title 10 by Laws 2009, c. 233, § 292, emerg. eff. May 21, 2009.