[ml4474]

What are the GAL's responsibilities? When I have sent fs' GAL information it seems to fall on deaf ears. What do you do if the GAL is not working to help the child? My fs has never even met his GAL and she has "been there for him" for 3.5 years??? Doesn't the GAL need to speak to the child or the foster parents to find out what is going on? If anyone knows what the GAL should be doing please let me know... And, what I should do about the GAL not talking with the child...

[foster_bub]

Hi, the GAL has the responsibility of speaking in the best interest of the child as someone who's impartial to the case. Our foster son has had 3 assigned to his case in the last year and it's annoying to say the least. Though these people are volunteers they really need to step up to the plate sometimes. Our foster sons GAL was out a week ago today and said she'd call us back by last friday to give us info/answers to questions we had, needless to say we haven't heard from her. You wonder why these kids are let down by the system sometimes. You can petition the court for a new GAL if you're unhappy with the one you have, however that probably won't happen. The reason being is that they are volunteers and volunteer for a case, they aren't assigned them. At least that's how it works here in Florida. Good luck!

[ml4474]

Thank you for the info! FS has been in system for 3.5 years and his GAL has never seen or talked to him. When I try to call the GAL she does not return the phone calls...

[Kristin7]

I have three nieces in my foster care and they have never met or talked to the GAL assigned to our case either. I have never met the guy and don't even have his name or anything. How can he supposedly be the kid's advocate.....if he hasnt' even met them or me????

Its been nine months here...and no contact.

K.

[hubbyswife]

We've only seen our FD's GAL in court. When we went to court the very first time. I was really sad to see all these people making decisions about a kid's life who most don't know the child or even know what the child looks like. Just another name. Well maybe the SW that's there but that's it. It's really sad how the system is set up.

[MamaS]

My grandson's GAL has never seen or spoken with him in the 2 1/2 years we have been navigating the court system. The last time we were in court I gave her a school picture with his name on the back, hoping that he would be more "real" if she had a face to go with the name.

[hubbyswife]

I've done the same thing. I've taken pictures so that everyone can see that this a real human being, a child, and not just some name or case number.....

[ml4474]

I am just SICK! I just got off the phone with the GAL's assistant. The GAL only represents the child in court - they are there for legal advise. There should be a CASA (Court Appointed Special Advocate) that keeps up with the day to day activities of the child and makes recommendations for what is in the best interest of the child. FS has been in care 3.5 years and doesn't have one!!!

Also, just got an email from the SW. The "old" SW said that they were working on TPR for October of 2006 (Of course that didn't happen). The new SW just emailed me and told me that TPR is not in the plan!!! This is the first I've heard about this!!!! She said that there will be no TPR at this time and the current plan is APPLA (Another Planned Permanent Living Arrangement". She went on to tell me that that meant FS will remain in foster care until age 19! WHAT?!?!?!?!? I don't get it!!! Why can't I adopt him??????

[bethy724]

I would tell the GAL that you will let the judge know about the involvement (or lack there of) My son's court appointed atty. would always call (in a panic) the night before a hearing to "stop by" & visit. The family court judges here frown upon uninvolved parties that should be interested in the childs best interest. From the caseworker, CASA, or lawyers - they ALL have an obligation to the child. Just a thought.

To keep a child in foster care until 19 yo is unreasonable-does the child have a court appointed atty? If not, fight for it. As foster parents we have to fight for these children (& it sounds like you are)-unfortunatly nobody else will.

[athikers]

Just for another side to things... our childrens' GAL is great. She's stuck with this family for YEARS (and trust me, with THIS family, that's some serious commitment) She came to our house after 30 days to see the children in our home... they are very familiar with her and she seems to have their best interests at heart.

[stevenstwin]

I am so sorry to hear that I could just about cry :-( I wish I knew more about the American system. I know here I'd be going to the Youth Advocate. It seems to me that there has to be SOME way to find out why they are doing this, and then you'll know how to fight it. It is just UNBELIEVABLE to me. They really, really want me to adopt or take private guardianship of A. (saves them money and trouble, right?). They CAN leave a child in "long term foster care", but only if it is an older teen who refuses to be adopted. I just can't understand why, in your case, they would not be anxious to go ahead with adoption when both you and the boy want it!!

Originally Posted by ml4474

I am just SICK! I just got off the phone with the GAL's assistant. The GAL only represents the child in court - they are there for legal advise. There should be a CASA (Court Appointed Special Advocate) that keeps up with the day to day activities of the child and makes recommendations for what is in the best interest of the child. FS has been in care 3.5 years and doesn't have one!!!

Also, just got an email from the SW. The "old" SW said that they were working on TPR for October of 2006 (Of course that didn't happen). The new SW just emailed me and told me that TPR is not in the plan!!! This is the first I've heard about this!!!! She said that there will be no TPR at this time and the current plan is APPLA (Another Planned Permanent Living Arrangement". She went on to tell me that that meant FS will remain in foster care until age 19! WHAT?!?!?!?!? I don't get it!!! Why can't I adopt him??????

[Boulderbabe]

Originally Posted by ml4474

Also, just got an email from the SW. The "old" SW said that they were working on TPR for October of 2006 (Of course that didn't happen). The new SW just emailed me and told me that TPR is not in the plan!!! This is the first I've heard about this!!!! She said that there will be no TPR at this time and the current plan is APPLA (Another Planned Permanent Living Arrangement". She went on to tell me that that meant FS will remain in foster care until age 19! WHAT?!?!?!?!? I don't get it!!! Why can't I adopt him??????

This is baloney. I don't know what the laws are in your state, but here in Colorado, all foster parents have a right to become what is called "intervenors" in a child's case once the child has been with them six months. If you file a petition to intervene, you'll have the right to speak to the judge, ask for TPR, and file a petition to adopt.

Keeping your son in foster care for six more years---unless there is a very exceptional circumstance--is a violation of the Adoption and Safe Families Act of 1997. TPR should have happened 18 months ago. Get an attorney and MAKE THEM FOLLOW THE LAW.

It'll cost a couple of thousand dollars, but it's worth it!

[kxl164]

Here is what our GAL's are supposed to in my state:

Standards Governing Performance

In fulfilling the duties of a Guardian ad litem (GAL), an attorney shall:

1. Meet face-to-face and interview the child.
   
   COMMENT: The first duty of the GAL is to establish a relationship with the child client, as an attorney would with any client. This interview should be conducted face-to-face at a time and place that allows the GAL to observe the child and ascertain: the child's wishes, the safety and adequacy of the child's current placement, and the need for further testing, evaluation or interim judicial relief. Such interviews are best conducted on a date prior to the first court appearance and at a location other than the courthouse. It is important to meet with the child in a private setting, such as the GAL's office, the child's home, school or placement, away from the litigants so that the child can talk openly.
   There should be sufficient time between the interview and court appearances for the GAL to fully analyze the information gleaned, take appropriate actions and formulate meaningful arguments and recommendations.
   The content and direction of the interview should take into account the child's age, maturity and potential stress created by the circumstances of the case and prior interviews, especially in cases involving allegations of sexual or other abuse. In such cases, GALs should rely upon videotapes of forensic interviews or attend interviews of the child conducted by trained experts rather than conducting their own independent investigation and interviewing the child about the facts of their alleged victimization.
   As appropriate, children should be encouraged to articulate their concerns and views. In custody and visitation cases, care should be taken so that the child never feels compelled to state a preference or choose between parents or placements.
   In juvenile delinquency, child in need of supervision, child in need of services, and status offense cases, the GAL should exercise caution when talking to the child about the circumstances of the offense and advise the child about the limitations on confidentiality that may apply.
   Young children present a challenge, but the age and verbal ability of the child do not abrogate the responsibility to meet face-to-face with the child. In meetings with young children, and with children with limited language abilities or those with disabilities, the GAL will rely much more heavily on observation. Conducting such meetings at the child's home or placement allows the GAL to observe the surroundings and the child's interactions with others, as well as to interview the child's caretaker.
   If the child expresses wishes that are contrary to the GAL's assessment of the child's interests and welfare, the GAL is obligated to inform the court of these wishes. If appropriate, the GAL should request that an attorney be appointed to serve as counsel for the child. If the child is uncooperative or appears to have been influenced by a parent or custodian, the GAL should inform the court of these circumstances.
2. Conduct an independent investigation in order to ascertain the facts of the case.
   
   COMMENT: The GAL shall review any and all relevant records, which may include court, social service, medical, mental health, and school records. The GAL should attach a copy of the Supreme Court of Virginia's Form DC-514, ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM, to any written request for records since it delineates the statutory authority for access to records.
   The GAL shall interview the parties to the dispute and any other persons with relevant knowledge of the child and the facts that gave rise to the allegations. Such other persons would include, for example, the child's parents, current caretaker including foster parents, an assigned Court-Appointed Special Advocate (CASA) worker, social worker, child care provider, clergy, neighbors, relatives, school personnel, and health and mental health providers. When the child is young, there is a greater need to seek independent sources of information and obtain verification of salient facts. Such interviews are best conducted on a date prior to the court appearances and at a location other than the courthouse.
   GALs should communicate their role and responsibilities clearly to the parents and/or other party's attorneys including the GAL's legal status in the proceeding and responsibility to participate fully to protect the child's interests and express the child's wishes.
   In juvenile delinquency, child in need of supervision, child in need of services, and status offense cases, the GAL should contact the child's defense attorney.
   There should be sufficient time between the interview and court appearances for the GAL to fully analyze the information gleaned, take appropriate actions such as issuing subpoenas, filing motions for temporary or protective relief or appointment of an independent expert to evaluate the child, and formulate a meaningful strategy.
   If the home environment is at issue, the GAL should visit the child's home and any proposed alternative placement.
   GALs should independently evaluate all allegations of child abuse or neglect, or of risk to the child's safety or welfare, including but not limited to physical or mental abuse, sexual abuse, lack of supervision, educational neglect, and exposure of the child to domestic violence or substance abuse, regardless of whether such abuse or neglect or risk is identified in the parties' pleadings.
3. Advise the child, in terms the child can understand, of the nature of all proceedings, the child's rights, the role and responsibilities of the GAL, the court process and the possible consequences of the legal action.
   
   COMMENT: The GAL shall make every effort to ensure that the child understands, by using language appropriate to the child's age and verbal abilities, the nature of the proceedings, the consequences which may result, the possibility of future modifications, the attorney's responsibilities as a GAL, and how to contact the GAL. If the child has significant emotional problems, the GAL should consult with a mental health specialist or the child's therapist in order to determine the best manner to present this information.
   In juvenile delinquency, child in need of supervision, child in need of services, and status offense cases, the GAL should explain how the GAL's role and responsibilities differ from that of the child's defense attorney and advise the child about the limitations on confidentiality that may apply.
   The GAL must inform the child that there may be circumstances when confidentiality will apply to communication between the child and GAL, and circumstances when it may not. The GAL may use information received from the child to further the child's best interest. For example, the GAL may learn from the child that a custodian is taking illegal drugs and may use that information to request that the court order drug testing of the custodian.
   The GAL should keep the child apprised of any developments in the case and actions of the court or parties involved. The GAL shall maintain meaningful contact with the child throughout the term of the case to monitor the child's welfare and the parties' compliance with court orders.
4. Participate, as appropriate, in pre-trial conferences, mediation and negotiations.
   
   COMMENT: The GAL should be involved, as appropriate, in all pre-trial conferences and negotiations including phone calls, formal or informal conferences and mediation. Additionally, the GAL should take any action necessary to attempt to resolve the case in the least adversarial manner possible; however, a GAL should clarify, when necessary, that he or she is not acting as a mediator.
   The GAL's role in such meetings is to represent and advocate for the best interests of the child. A GAL who participates in mediation is bound by the confidentiality rules governing mediation as found in § 8.01-576.10 of the Code of Virginia. As a general rule, the GAL should encourage settlements. In exceptional cases where the GAL reasonably believes that a proposed settlement would be contrary to the welfare of the child, the GAL should first discuss these concerns with the parties and their counsel. If these concerns are not addressed, the GAL should bring the facts that led to the concerns about the settlement to the court's attention by filing a motion to vacate the agreement in accordance with § 8.01-576.12 of the Code of Virginia. Any proposed settlement which is deleterious to the child should be opposed despite the agreement of the other parties.
5. Ensure the child's attendance at all proceedings where the child's attendance would be appropriate and/or mandated.
   
   COMMENT: In so far as possible, the GAL should assure the meaningful participation of the child in all phases of the proceedings which would include attendance at appropriate court hearings.
   The GAL should consult the child, caretaker, therapist and any other relevant individuals to determine the appropriateness of the child's attendance at a hearing. A decision to exclude the child from a hearing should be based on a particularized determination. In making this determination, the GAL should consider the age, maturity and desires of the child; the purpose of the hearing; the advice of those consulted; and the potential risk of trauma to the child evoked by such attendance.
   In cases when the child has the right to attend hearings, the GAL should ensure that the child is informed of that right. As appropriate, the child should be provided sufficient information about such hearings to make an informed decision about whether to attend.
6. Appear in Court on the dates and times scheduled for hearings prepared to fully and vigorously represent the child's interests.
   
   COMMENT: As in any case, the GAL is expected to act as an advocate for the client child. This demands attendance at all hearings with the intention of presenting a well formulated position based on the facts. This position should be supported by the GAL's independent investigation, and through the development of a theory and strategy for the case. The GAL should prepare, present and cross-examine witnesses, offer exhibits, and provide independent evidence as necessary. Although the child's position may overlap positions of other parties such as the parents, the GAL should be prepared to participate fully in every hearing and not merely defer to or endorse the positions of other parties. The GAL acts as an advocate and uses every attorney skill appropriate to further a result favorable to the child's best interest. The GAL should never engage in ex parte communications with the court or submit written material to the court without promptly delivering a copy to the other parties and their counsel.
7. Prepare the child to testify, when necessary and appropriate, in accord with the child's interest and welfare.
   
   COMMENT: The GAL should determine whether to call the child as a witness based on consideration of the child's need or desire to testify, developmental and verbal capabilities of the child and the child's ability to withstand cross-examination. For some children testifying is therapeutic and empowering, while for others it may be very traumatic. The GAL must determine the possible benefits and repercussions of testifying and the necessity of the child's direct testimony. The GAL shall consult a mental health specialist or therapist working with the child, if there is one, to assist in evaluating whether testifying will cause trauma to the child. Consideration should also be given to the availability of other evidence or hearsay exceptions that may substitute for direct testimony.
   If the child does not wish to testify or would, in the GAL's opinion, be harmed by being forced to testify, the GAL should seek an agreement of the parties not to call the child as a witness or utilize other remedies such as an order from the court to limit the scope or circumstances of the testimony.
   If the child is compelled to testify, the GAL should seek to minimize the adverse consequences by seeking appropriate accommodations as allowed by law, such as testimony taken by closed circuit television in accord with § 63.2-1521 of the Code of Virginia or an "in camera" interview of the child in the judge's chambers. The GAL should prepare the child for "in camera" interviews or testimony by explaining the nature and purpose of the proceeding and the use or disclosure that may be made of the information that the child provides during the proceeding.
   In juvenile delinquency, child in need of supervision, child in need of services, and status offense cases, the child's defense attorney will take responsibility for preparing the child to testify when necessary.
8. Provide the court sufficient information including specific recommendations for court action based on the findings of the interviews and independent investigation.
   
   COMMENT: The GAL is obligated to assure that all facts relevant to the case, available dispositional remedies and possible court orders are presented to the court. The GAL's arguments to the court should address every appropriate aspect of the litigation including: analysis of any allegations of abuse, neglect or risk; analysis of factors to be considered in a determination related to custody and visitation; placement of the child; services to be made available to the child and family; dispositional alternatives for the child or parents in juvenile delinquency, child in need of supervision, child in need of services, status offense cases and custody and visitation arrangements; and any other orders the GAL deems to be in the child's interest. Recommendations for placements outside the home should take into consideration the availability and appropriateness of placement with relatives or friends, parental visitation and keeping a sibling group together.
   The GAL's arguments should contain, but not be limited to, an analysis of and comment on plans presented by other parties such as the Department of Social Services, court services staff, or as a result of mediation. In certain circumstances, a summary of the GAL's findings with recommendations and the basis for those recommendations may be presented to the court. Such circumstances include the dispositional phase of a case involving both an adjudicatory and dispositional phase or, at the request of the court, in a custody/visitation case. This summary may be written or oral. If written, copies of the summary should be provided to the other parties and their counsel at least five days prior to the hearing unless otherwise directed by the court.
   In foster care placement, permanency planning, foster care review proceedings, and mediated agreements, the GAL should be aware of the proposed plans, should consult with the child about the proposal, and explore any alternatives the GAL believes are more appropriate. If the GAL disagrees with such plans, the court should be advised of this disagreement supported by evidence or information gleaned from the GAL's independent investigation.
9. Communicate, coordinate and maintain a professional working relationship in so far as possible with all parties without sacrificing independence.
   
   COMMENT: Whenever it is appropriate to the child's needs and consistent with the direction of the court, the GAL should attend all meetings or hearings involving legal, educational and therapeutic issues specifically related to the case. These would include meetings of the Family Assessment and Planning Team, Individualized Education Plan (IEP) meetings, school disciplinary or other educational meetings, and foster care placement and review meetings. The GAL can present the child's perspective, gather information necessary to proper representation, and potentially achieve a negotiated settlement of all or some issues of the case at such meetings.
   The GAL should contact any CASA volunteer assigned to the case and coordinate all aspects of the investigation with the CASA volunteer. Such volunteers can offer significant information and assistance to the GAL.
   The GAL should contact the attorneys for the other parties to the case as soon as possible and at least seventy-two hours prior to any hearing. Counsel for other parties to the case may have information not included in any of the available records and can provide their respective clients' perspectives. Appropriate communication should be maintained between the GAL and all agencies and professionals involved in the case.
10. File appropriate petitions, motions, pleadings, briefs, and appeals on behalf of the child and ensure the child is represented by a GAL in any appeal involving the case.
    
    COMMENT: The GAL should make appropriate motions, including motions in limine and evidentiary objections, to advance the child's best interest in court and during other proceedings. When necessary, the GAL should file briefs in support of legal issues. The GAL should file a show cause against a party who is not following a court order or a motion under § 16.1-278 to compel an agency to provide services if it is not doing so as ordered.
    If the GAL believes the court's determination is contrary to the child's interest or welfare, after considering the wishes of the child, a notice of appeal should be filed and measures taken to assure that the appeal is perfected expeditiously. The GAL should file any appropriate pleadings on behalf of the child, including responses to pleadings of other parties.
    The GAL should also ensure that the child has representation in any appeal related to the case regardless of who files the appeal. During an appeal process initiated by another party, the GAL for a child may file a brief and participate fully at oral argument.
    If the GAL feels he or she lacks the necessary experience or expertise to handle an appeal, the GAL should notify the court and seek to be replaced.
11. Advise the child, in terms the child can understand, of the court's decision and its consequences for the child and others in the child's life.
    
    COMMENT: The GAL should review all orders to ensure they conform to the court's verbal orders and statutorily required findings and notices. The GAL should discuss all such orders and their consequences with the child. The child is entitled to understand what the court has done and what that means to the child. The GAL should explain whether the order may be modified or whether the actions of the parties may affect how the order is carried out. For example, an order may permit an agency to return the child to the parents if certain goals are accomplished.
    The American Bar Association Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases, approved by the American Bar Association House of Delegates, February 5, 1996; American Bar Association Family Law Section Standards of Practice for Lawyers Representing Children in Custody Cases, Committee final draft approved April 24, 2003, and approved by the Section Council on May 2, 2003; The New York State Bar Association Committee on Children and the Law: Law Guardian Representation Standards, Volume II, Custody Cases, November 1999; Representing Children: Standards for Attorneys and Guardians Ad Litem in Custody and Visitation Proceedings, American Bar Association Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases (NACC Revised Version), National Association of Counsel for Children, February 1996; American Academy of Matrimonial Lawyers, 1995; and Richmond Juvenile and Domestic Relations District Court Guardian Ad Litem Standards were heavily relied upon in the development of these standards.
    

[AmahMama]

Boy, not in Florida. I've had 4 sibs since August and haven't seen their GAL yet. I was told that a "curtesy visit" was done at the park during a visit - but by a GAL that was in the area at that particular time. I've not seen that GAL myself - she has no input from me and their assigned GAL has not met them yet. Go figure. . . .

[kxl164]

I should have added, that I have only met the GAL through a brief introduction before court and she has NEVER met the children.

She has returned one phone call in 11 months.

She is not following the standards set forth by the state, but since there is no one over-seeing the GAL's.... I was told that is just how it is sometimes.

I think it is WRONG, but other than the judge, there is no one to propel the GAL into action if they do not desire to be active and simply want to rely on the information given to them by others. In our case, CASA and DSS write reports, the GAL just reads them and when we are lucky she gives an opinion of her own (which has been very appropriate so far, but still it would help if she knew who she was representing)

So what do you think, should foster parents band together and push for someone the GAL's have to answer to, before we get to court and have to say soemething to the judge?