[Sunshine4me]

My 10 month old FD will most likely be RU next week. I still have concerns about the child's safety for many reasons. I spoke with a child advocate who was a DCF attorney at one time and he suggested that I ask the judge if an Attorney ad Litem can be appointed to represent my FD. I thought that the GAL represented the child's best interest, but they don't REALLY represent the child. They speak for the child, but an Attorney ad Litem would advocate more for the child and not have to answer to some agency that is pushing RU. Would I make the other attorneys angry if I recommended this to the judge? I don't want them to retaliate against me, but I want to do everything I can to protect my FD.

Does anyone know about this? This was the first time I ever heard about an Attorney ad Litem.
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[greenrobin]

Our kids' CASA was their GAL and their attorney was their AAL. The attorney represents the child, not necessarily the best interest of the child.

The first AAL was all about telling the court what the children said, which was that they wanted to be returned home. Ultimately, she didn't want them to be returned, but she did feel that her role in the whole thing was to tell the represent her clients' wishes.

The second AAL was about making sure that the kids' were safe. He didn't want the kids to go home, either, but his approach was to tell the court what he believed would keep them safe and well.

I doubt there would be retaliation. First because it is illegal. Second because having legal representation is a right in this country. It's pretty standard here to assign an attorney to the children here. The attorneys duke it out in court and then go grab lunch together. It'll be fine.

Ask for the AAL.

[CaddoRose]

The GAL can speak for the best interest of the child, but the AAL can actually file motions and such on the child's behalf. The GAL can't do that . They can only speak to the judge as an observer, but can't so anything legally. What other attorney would get made? The DFS attorney? Here, the DCF attorney files for the dept and the child also has a attorney who files. This way, the child has yet another attorney not connected to the dept and therefore not controlled by them. I would say do it.

[akg1229]

WOW the GAL office here has their own attorney... does that mean the GAL is the AAL in a sense?

[CrystalCorbin]

I am so confused. Is the DCF attorney the AAL or can there be a DCF attorney AND a AAL??

In our court cases the only attorneys present are the DCF attorney, and the bioM attorney...Could we request an AAL??

[greenrobin]

You can ALWAYS ask--that doesn't mean they'll grant, though.

Only an attorney is the attorney. If the CASA office has an attorney, s/he is their attorney, not your fc's. Same for the attorney for the department. S/he represents the person or entity who hires him or her.

If you want legal representation for the child, then the child needs their own attorney.

Ask. But be prepared to explain why you believe it's necessary.

[hunterfamily]

It is going to depend on where you live what you have(GAL, CASA, AAL) and it also varies by state what these people can do. Here in Florida we have GAL. I am a GAL but I also have an attorney that is part of our team. Our attorney can file motions for the child and we are parties to case. In other states GAL do not have attorney's and in some states they are only attorney's.

In some of our cases we have DCF and thier attorney, the parents and their attorney, the GAL and their attorney and an attorney ad Litem has been appointed for the child. So sometimes an AAL can be a good thing and in other cases it can be over kill.

[CaddoRose]

Originally Posted by CrystalCorbin

I am so confused. Is the DCF attorney the AAL or can there be a DCF attorney AND a AAL??

In our court cases the only attorneys present are the DCF attorney, and the bioM attorney...Could we request an AAL??

It depends on how they divide up the responsibility. In my county in Texas, the children have a CASA/GAL. They are appointed by the court. They can not file any legal papers. They can however speak in court for the child. They have direct contact with the child and the foster parents. Mine have always been at visitation and visited at my home.

The child is appointed an attorney who is technically the Attorney ad Liteum. This attorney is like a public defender in that they are paid for by the state. They are a licensed attorney. They represent the legal interest of the child and no one else. I have always talked to the attorney by phone regularly and kept them up to date with info on the child's welfare.

CPS(Child Protective Services) has a attorney. They also file on behalf of the child, but because they work for CPS, they represent the affairs of CPS regarding the child. I have only seen this attorney at permanency meetings or at court.

The bio parents are appointed an attorney also which is paid for by the state. They strictly represent the parents in court and can not speak for the welfare of the child. They do not have contact with the child either.

[CrystalCorbin]

So weird.We have the caseworker, and the DCF attorney who we were told "represents the boys" but she represents DCF more than anything. Then there is the non lawyer GAL, and the GAL program has an attorney but she has never really had contact with us and never filed any motions. We were specifically told we (the family) could not get an attorney, and that the Foster family could not get an attorney - but if the boys can get one that is great.

[momma24rn]

Our fs has a GAL- she is an attorney, and my understanding is she is representing Justins bestinterest.So far, in court anyways, she has been. There is also an attorney for DCS. She is the departments attorney.
Our situation is kind of strange in the fact that last spring we were told to hire an attorney to facilitate an open odoption. We did. Since then the parents have decided not to sign. However our attorney showed up (not at our request) at the last hearing, spoke with all parties involved, and was present in the court room (although he did not speak)
He is kept up to date by the other attornies and nobody seemed upset that he was there.
I dont think this is normal though. I was waiting to have someone ask us why he was there. But everyone seemed to know him and respect him and he just walked right into the courtroomand sat next to us.
After court he spoke with bp attornies and there was talk about revisiting the open adoption plan. I guess were blessed, because if he werent there I dont know that the other attornies would have even known we were interested.

[mamachell]

Here the child has an attorney that represents the child, independent of the DCS. I'm guessing this person may be called the AAL. I didn't think you could hire an AAL for a child. You, after filing to be a party to the case, could get your own attorney but I thought the child's representation was assigned. After all, at this point the state/county is the child's "guardian" not us as foster parents.

I think you should find out if you can become a party to the case and then get your own attorney. That way, hopefully, by looking out for your interests you are also looking out for the fc's interests. Also, may sure you are communicating with the judge. In CA we have a caregiver's form but can also send a letter.

Good luck.

[Sunshine4me]

Hi,
I am the OP. I live in FL and I spoke with the AAL who told me that GAL works for an agency, therefore if the judge will appoint AAL it will benefit the child. The DCF attorney, GAL, GAL attorney, CW, and parent attorneys all have someone to answer to (agency) and a specific agenda/goal (reunification, perhaps) and it is not always in the best interest of the child. If AAL is appointed that person will fight for the child and the child will have the best representation. The AAL does not have to answer to anyone and they can be a party to the case. As a FP, I don't want to say too much out of fear that DCF will think that I am blocking RU. I simply want the best interest of the child. There is so much info in the parents file that is not being brought out. I want the AAL to look at the file and go over every significant point to determine what will be the safest outcome for the child. I'll keep you updated and let you know what the judge says on Tue. Thanks for the responses!!! Good luck to everyone. Now that you know that your child can have an attorney ad Litem, we may be better outcomes for the children!