Defining the Role of the Guardian ad Litem

1. Defining the Role of the Guardian ad Litem Laura Miles, GAL Coordinator Amy Schutte, GAL Coordinator First Judicial District

2. Guardian Ad Litem Appointments Minnesota Statute 260C.163, Subd. 5 Guardian ad litem. (a) The court shall appoint a guardian ad litem to protect the interests of the minor when it appears, at any stage of the proceedings, that the minor is without a parent or guardian, or that the minor's parent is a minor or incompetent, or that the parent or guardian is indifferent or hostile to the minor's interests, and in every proceeding alleging a child's need for protection or services under section 260C.007, subdivision 6, except proceedings where the sole allegation is that the child is a runaway or habitual truant. In any other case the court may appoint a guardian ad litem to protect the interests of the minor when the court feels that such an appointment is desirable.

3. GAL – what for? • Advocate purely for best interests of child(ren) • No competing interests • Monetary • Reasonable efforts: social services must balance best interests of child with family reunification and needs of parents • Consideration for parents only in context of child’s best interest

4. GAL Role – the beginning • Emergency Protective Care hearing • Information • Names, ages of child/ren • Reason for removal • Appearance: ongoing GAL • Meet with family, contact information, role • Receive information and recommendations from social services • GAL does not typically offer recs or input

5. GAL Role – the beginning (cont.) • Admit/Deny Hearing, First Appearance • GAL minimal contact/involvement prior to filing • Appearance: ongoing GAL • GAL should have petition • Meet family, talk with social worker (if no EPC) • Discuss placement, family options (if applicable)

6. GAL Role - ongoing • Continue with same GAL unless conflict • Gather information from collateral sources INDEPENDENT of social services • Schools • Treatment providers • Therapists • Any other professionals involved • Who don’t we talk to?

7. GAL Role – ongoing (cont.) • Sharing/discussing information with social worker • Mutual sharing • No surprises • Visit children (at home or placement) • Generally once a month • Meet with parents • Attend meetings • Case planning • Placement determination • Submit court reports • When?

8. GAL & Social Services • Respect the roles • Not the “police” • Communication • Should NEVER go into court “ambush” • Reports (if applicable) • Discussions prior to court with all parties • Attempt to settle differences • Collaborative while protecting interests • Professional • “Stay at the table”

9. GAL & Social Services (cont.) • Involving the GAL • Effort from BOTH sides (availability, reaching out) • CASE PLANS!!! • GALs are involved in development and are signing off on case plans • PLACEMENTS • GAL are be notified ASAP of changes (prior to if not emergency) • Mutual benefits • Not a competition • Do not withhold information

10. GAL – what we are NOT • Guardians • Should not be signing documents as such • The social worker • Do not transport, provide direct services • The Judge • Our recommendations are not an order! • Adversaries • We work with others for best outcome for child(ren)

11. Benefits of a GAL • “Eyes and Ears” of the court • ANOTHER set • More family and child contacts • Recommendations without monetary considerations/impediments • PURE best interests of child(ren) • No competing interests