Case Caption: In re Baby E.C., a Minor, Through Gail Shearer, Esq., Guardian ad Litem, and Virgin Islands Volunteer Advocates for Children, Inc.Case Number: S. Ct. Civ. No. 2017-0017 (cons.)Date: 09/25/2018Author: Hodge, Rhys S. Citation: Summary: An infant’s guardian ad litem filed a petition for a supervisory writ of mandamus, as well as a subsequent appeal, arguing that the Superior Court compromised her role as a guardian. Although this Court lacks jurisdiction over the appeal – because the issues raised are not shown to be inextricably intertwined with the granting or dissolving of an injunction – it has jurisdiction over the petition for writ of mandamus in accord with 4 V.I.C. § 32(b). While this case is not appropriate for a supervisory writ of mandamus, the guardian has met the three-factor test applicable to traditional petitions for writ of mandamus, by demonstrating a clear and indisputable right to relief, and there are no other avenues for obtaining timely relief exist; a foster placement could negatively affect the infant by the time the case becomes appealable. A writ of mandamus is appropriate here. The Superior Court ignored an unambiguous statute that grants the guardian ad litem access to the home study and the prospective foster parent’s file, although the records sought are clearly reports relevant to the case under 5 V.I.C. § 2542. Additionally, it is imperative to correct the Superior Court’s overly restrictive understanding of a guardian ad litem’s role in child and neglect proceedings, so that the best interests of this infant and similarly situated children are not negatively affected by the Superior Court’s misinterpretation. The petition is granted in part, the Superior Court’s order is vacated, and a writ is issued compelling the Superior Court to allow the guardian ad litem access to pre-placement home study records and information in the prospective foster parent’s file. A writ of mandamus is denied with respect to a subpoena duces tecum, since the guardian failed to meet her burden of demonstrating that she lacks other methods of obtaining the same relief .Attachment: Open Document or Opinion