Guardian Ad Litem

5 V.I.C. § 3519 — under The Child Victims’ and Child Witnesses’ Rights Act.

5 V.I.C. § 3519

(a) In order to protect the best interests of the child, the court shall appoint, and provide reasonable compensation and payment for expenses for a guardian ad litem for a child who was a victim of a crime involving abuse or exploitation. The court also may use its discretion to appoint and provide reasonable compensation and payment for expenses for a guardian ad litem for a child who was a witness to a crime involving abuse or exploitation. In making the appointment, the court shall consider a prospective guardian’s background in, and familiarity with, the judicial process, social service programs, and child abuse issues. The guardian ad litem may not be a person who is or may be a witness in a proceeding involving the child for whom the guardian is appointed.

(b) A guardian ad litem may attend all the depositions, hearings, and trial proceedings in which the child participates, and make recommendations to the court concerning the welfare of the child. The guardian ad litem may have access to all reports, evaluations and records, except attorney’s work product, necessary to effectively advocate for the child. The extent of access to grand jury materials is limited to the access routinely provided to victims and their representatives. A guardian ad litem shall marshal and coordinate the delivery of resources and special services to the child. A guardian ad litem may not be compelled to testify in any court action or proceeding concerning any information or opinion received from the child in the course of serving as a guardian ad litem.

(c) A guardian ad litem is presumed to be acting in good faith and is immune from civil and criminal liability for complying with the guardian’s lawful duties described in subsection (b) of this section.