§ 2625. Hearing; counsel; guardian ad litem
(a) The Probate Division shall schedule a hearing upon the filing of the petition and
shall provide notice of the hearing to all parties and interested persons who were
provided notice under subdivision 2623(b)(1) of this title.
(b) The child shall attend the hearing if the child is 14 years of age or older unless
the child’s presence is excused by the court for good cause. The child may attend
the hearing if the child is less than 14 years of age.
(c) The court shall appoint counsel for the child if the child will be called as a witness.
In all other cases, the court may appoint counsel for the child.
(d)(1) The child may be called as a witness only if the court finds after hearing that:
(A) the child’s testimony is necessary to assist the court in determining the issue before
it;
(B) the probative value of the child’s testimony outweighs the potential detriment to
the child; and
(C) the evidence sought is not reasonably available by any other means.
(2) The examination of a child called as a witness may be conducted by the court in chambers
in the presence of such other persons as the court may specify and shall be recorded.
(e) The court may appoint a guardian ad litem for the child on motion of a party or on
the court’s own motion.
(f)(1) The court may grant an emergency guardianship petition filed ex parte by the proposed
guardian, or by the custodial parent’s attorney in the case of a standby guardianship
petition filed pursuant to section 2626a of this title, if the court finds that:
(A)(i) both parents are deceased or medically incapacitated; or
(ii) in the case of a standby guardianship petition filed pursuant to section 2626a of this title, the custodial parent has been subject to an adverse immigration action that renders
the parent unavailable to care for the child; and
(B) the best interests of the child require that a guardian be appointed without delay
and before a hearing is held.
(2) If the court grants an emergency guardianship petition pursuant to subdivision (1)
of this subsection (f), it shall schedule a hearing on the petition as soon as practicable
and in no event more than three business days after the petition is filed. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014; amended 2017, No. 11, § 33; 2025, No. 31, § 4, eff. May 22, 2025.)