The judges in each of Ohio’s 88 counties decide who will provide Guardian ad Litem services in their courts. Currently, there are counties, which use attorneys as GAL, with no volunteer component to their program. Others use a combination of attorneys and volunteers (under various names), and still others have a CASA program. Currently there are 35 counties that utilize the CASA program in Ohio. Needless to say, there is work yet to be done to help ensure advocacy for children throughout our state.
Besides Montgomery County, our neighboring courts in Butler, Clark, Darke, Greene, Miami, Preble, Shelby and Warren counties also have CASA programs.
The Ohio Association of CASA/GAL is a network of CASA and Guardians ad Litem throughout the state. The Ohio Association of CASA/GAL produces a quarterly newsletter and hosts an annual statewide conference in addition to three other statewide board meetings. The association serves as a conduit for information regarding CASA and GAL for all the members, keeps abreast of pertinent legislation for possible action, and acts as an advocate for the CASA/GAL concept in Ohio. Membership in the association is open to all CASA/GAL programs, their members and other interested parties in Ohio.
Legislation went into effect in Ohio in January 1989 (S.B. 89), which more clearly delineates the role, rights and responsibilities of the GAL. It also specifies that a trained volunteer should be appointed as GAL when one is available and the appointment is appropriate. The Ohio Department of Human Services is required to provide training for volunteer GAL at the request of the county.
In the fall of 1996, Ohio H.B. 274 was passed as a “clean-up” bill of S.B. 89. This bill clarified foster care issues and the roles of the parties involved in child care welfare cases. The same year H.B. 419 spoke to clarifications on adoption issues and the adoption process.
In March 1999, H.B. 484 went into effect, tightening the time frames and conditions for reunification, and emphasizing the need to work toward permanency for children in a timely manner. (Details of this bill are addressed in the “Legal Process” section of this manual.)
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 assess 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.
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