Duties of a GAL
Necessary Conditions for Effective Performance of Duties
1. INVESTIGATE
To act as an independent gatherer of information whose task is to review all
relevant records, and to interview the child, parents, social workers, teachers,
and other persons to ascertain the facts and circumstances of the child’s
situation.
To ascertain the interests of the child, taking into account the child’s age, maturity, culture and ethnicity consistent with providing the child with a safe home while considering the need for family preservation and permanency planning.
To seek cooperative solutions to the child’s situation that is within the scope of the child’s interest and welfare.
2. REPORT
To provide signed written reports of findings and recommendations to the Court
at each hearing to assure that all the relevant facts are before the Court
and to ensure that appropriate motions are filed seeking child-centered relief.
To appear at all hearings to represent the child’s best interests, providing testimony or ensuring that appropriate witnesses are called and examined.
To explain the Court proceedings and the role of GAL to the child, when appropriate, in language and terms that the child can understand.
3. ADVOCATE
To ask that clear and specific orders are entered for the evaluation, assessment,
services, placement and treatment of the child’s family.
To advocate for the child’s best interests in mental and physical health, and in educational and other community systems.
4. MONITOR
To monitor implementation of service plans and dispositional orders to determine
whether services ordered by the Court are actually provided in a timely manner,
and are accomplishing their desired goal.
Monitor the progress of a case through the court process and advocate for timely hearings.
To inform the Court promptly if services are not being made available to the child and/or family, if the family fails to take advantages of such services, if services are not achieving their purpose and to bring to the Court’s attention any violation of orders, new development, or changes in the child’s circumstances.
NECESSARY CONDITIONS FOR EFFECTIVE PERFORMANCE OF DUTIES
The 4 Duties of a GAL are essential to protect and represent an abused or neglected child. When many people and many institutions and agencies are involved on behalf of the child, responsibility can be lost. The GAL can be the thread that pulls many of these resources and people together to present the Court with a meaningful plan for the child. In order to accomplish this successfully, the following conditions must exist:
1. Sensitivity to the individual child’s needs
Every child has the right to a GAL who is aware of and knowledgeable
about the child’s ethnic and cultural background as well as the particular
situation. The GAL should be aware of the child’s sense of time in relation
to age and should be able to explain court proceedings in language and terms
the child can understand. The GAL should seek to gain the child’s trust
by having regular, face-to-face contact.
2. Independence
The GAL must be objective and independent. This means that no one with ties
to any one of the parties should serve in this role. It also means that the
GAL must be permitted to conduct a thorough fact-finding investigation. There
should be no conflict of interest that would make it difficult for the GAL
to present recommendations that are consistent with the child’s best
interest. If it is determined that the GAL’s recommendations are not
in agreement with the child’s wishes, the Court should be informed so
that the judge can consider appointment of an attorney to represent the child.
Further, the appointment order should allow the GAL to speak for the child
in other courts or proceedings such as divorce, criminal or termination of
parental rights.
3. Selection and Training
The GAL must be carefully screened before being appointed and have substantial
initial and ongoing training on issues related to the performance of the duties
detailed above. At a minimum, issues covered should include: the roles and
responsibilities of the GAL and the other parties to the proceedings; state
statutes and court rules pertaining to the handling of child abuse and neglect
cases; the operation of the court system including the nature of court hearings
and understanding of the persons involved and their roles; cultural awareness;
the roles of the social service agencies and law enforcement; the developmental
needs of children and their sense of time; understanding of dysfunctional
families; and a knowledge of services within the community that are available
to children and their families.
4. Early Appointment
The GAL should be appointed at the earliest stage possible in the court proceedings
and should remain involved until the child is in a legally sanctioned permanent
placement and the case is dismissed from the court system. The GAL role during
the initial stages of a case (prior to the Court’s ruling on the allegations)
is to gather facts related to the child’s past and current situation;
to determine what services have been previously provided to prevent foster
care placement (important for the court’s findings of reasonable efforts);
and to asses what services are necessary to meet the child’s needs and
to reunify the family.
5. Status
The appointed GAL is party to the proceedings and has the same rights as other
parties. The GAL is entitled to receive copies of all requests for discovery
and responses, copies or correspondence and other appropriate documents, notice
of all hearings and reviews, and to participate in the proceedings. The GAL
should have access to an attorney who can file legal motions, request a hearing
before the Court when the Court’s orders are not being followed or are
determined to not be in the child’s best interests, examine and cross-examine
witnesses, subpoena and introduce witnesses. This attorney is separate from
the counsel for the child.
6. Access to Information
The GAL must have complete access to all information related to the child
and the child’s situation. Such information may include records of:
social service agencies, law enforcement, the court, schools, public health,
medical providers, substance abuse treatment, and mental health evaluations
and history. The GAL must be allowed to view and sometimes copy such records.
The GAL must also be allowed to interview the child, parents, social services
staff, law enforcement personnel, and other individuals who have knowledge
of the child and his or her situation.
7. Immunity
The GAL has immunity from liability when performing duties described in the
job description unless an act, or a failure to act, is willfully wrongful
or grossly negligent.
8. Accountability
Individuals serving in the role of GAL must be held accountable for the their
performance by participating in regular performance evaluations.
