Justices Redefine Guardian Ad Litem Duties in Pennsylvania

While it is welcome that the role of a Guardian ad litem is becoming more defined by this change. Will this lead to better management of a Guardian ad litem by the courts and better consumer protection? Judges are usually charged with the oversight and management of a Guardian ad litem. The reality of this dynamic is that there usually is little to none. This change is more than likely one that is self serving with the appearance of better consumer protection.

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The Legal Intelligencer

The Pennsylvania Supreme Court's decision earlier this month to alter the role of guardians ad litem in new procedural rules for custody cases should bring clarity to the role, several family law veterans said.

"When a child is suffering from harm or is in a diminished capacity, the guardian ad litem plays a very important role in speaking for the best interests of the child," said Delaware County Court of Common Pleas Judge Barry Dozor, liaison for the Family and Juvenile Division. "The new rules are welcome and they provide a clear explanation of the roles for both a guardian ad litem and also for an attorney representing a minor."

"It lets the guardian ad litem know what the rules of the game are," Dozor continued, "because like any professional that provides advice, he may be required to testify, to be cross-examined and give reports and records, and we treat him as we treat all expert testimony."

From a family law attorney's perspective, Michael E. Bertin, a partner at Obermayer Rebmann Maxwell & Hippel in Philadelphia, said the new rule brings welcome specification.

Full story: The Legal Intelligencer

A Cherokee County court has been asked to suspend visits between Veronica and her adoptive parents

This is a sad case in which the little girl is going to lose out. The adoptive parents are objecting to the use of a Guardian ad litem for representing their adoptive daughters "best interest". By introducing yet a third element into the mix the Guardian ad litem will add to the complexity of an already explosive situation.

Tulsa World

Confirming that her adoptive parents are being allowed to see Baby Veronica, a Cherokee County court has been asked to suspend their visits until further hearings can be held.

 Meanwhile, Special Judge Holli Wells entered an "order of recusal," removing herself from the case, according to a court docket that was available Sunday.

 Arriving from South Carolina two weeks ago, Matt and Melanie Capobianco had not seen Veronica since losing custody of her on New Year's Eve 2011.

 In a flurry of activity that came Friday at the Cherokee County courthouse, the Capobiancos appear to be objecting to the appointment of a guardian ad litem to represent their adoptive daughter's "best interests" during the court proceedings.

Full story: Tulsa World

Guardian ad litem Mission Creep and their role as Investigator

This article is a basic recruitment piece for Guardians ad litem in the state of Florida. While that is not really an issue what is troubling is the quote the post uses from a Guardian ad litem Sandy Roth who describes her job as a GAL to be:

"These dedicated women and men are not investigators, although they often investigate. They are not case workers, but are intimately familiar with details of the case. They are not attorneys, although they represent the interests of the children in court. They aren’t foster parents or caregivers, but they visit the children regularly in their temporary homes. They’re not teachers or counselors, but they work with schools to ensure the children are progressing. They support the counseling needs of each child, but they are not therapists. Neither are they physicians or dentists, although they make sure the children’s medical and dental needs are met"

The description is made to sound like a Peace Corps job - the toughest job you'll ever love. While the job is a tough one the role is not. The basic role of a Guardian ad litem is that of an investigator and nothing more. To collect the facts of a case and present them to the Judge so that a Judge can make a decision. To put it into other terms. A families life is like a movie. The Guardian ad litem puts together a preview for the Judge of the family's life. Otherwise the Judge would only have photos of what that families life was like without the input from a  Guardian ad litem.

Guardian ad litem Sandy Roth - while she may be a wonderful GAL - her role it appears has expanded beyond that of what a GAL is supposed to do in the traditional sense. This is the case for Guardians ad litem across the country. It is called "mission creep". Slowly over time the courts have allowed for the role to expand into areas the GAL has no professional training for. Many GALs have anywhere from 6 to 30 hours of training over a broad range of topics to help the new GAL function in their role of investigator. Yet - as Sandy suggests - a Guardian ad litem acts as an attorney by representing the best interest of the child. That they are pseudo therapists, doctors and dentists. They act as foster parents by visiting children on a regular basis. For anyone of these roles - Lawyers, Judges, Doctors, Therapists and Foster Parents can take years of training. Yet a Guardian ad litem might have 30 hours of training at most. Who is going to do a better job? Add to the mix of this pseudo-professional a lack of any kind of oversight and management and you have a very dangerous person who is making life altering decisions for families. Give the article a look.

Full story: OCALA