By Melissa Love, MA
What does child advocacy look like? When the Department of Social Services (DSS) files a petition in court alleging that a child has been abused or neglected, there are at least three parties at every hearing: DSS and its attorney, the parents and their attorneys, and the child represented by a Guardian ad Litem (GAL) volunteer and GAL Attorney Advocate. For the GAL Program, it all comes down to teamwork – the coming together of a Guardian ad Litem Attorney Advocate, a Guardian ad Litem Supervisor, and a Guardian ad Litem volunteer to advocate for each child in court with accurate information.
The General Assembly established the Guardian ad Litem Program as a part of the Administrative Office of the Courts in 1983. Three pilot programs began working to standardize best practices for the representation and advocacy of abused and neglected children in North Carolina. Through these pilot programs emerged the team approach of using volunteers to investigate the lives of children, attorneys to handle their legal issues, and GAL supervisors to support and act as a liaison between the attorney and volunteers. The GAL team model has worked for 40 years to investigate what is in the best interest of children through fact finding and seeking information regarding the needs of children. Together, the team works to protect and promote the best interest of children who have suffered abuse and neglect.
At the filing of a petition with the Court, the Guardian ad Litem Program is appointed by the Court to represent the child. A court order is issued to allow GAL volunteers to access information, whether confidential or not, to determine what is in the best interest of the child. Guardian ad Litem exercises four core actions to fulfill its statutory mandate on behalf of children:
- Investigating
- Facilitating
- Advocating
- Monitoring
GAL volunteers conduct independent investigations to determine what is in the child’s best interest, facilitate relationships, share resources, advocate in the community and in the court, and monitor to adequately inform the Court of compliance with the Court’s orders. Additionally, the GAL is responsible for ensuring that each individual child’s expressed wishes are conveyed to the Court.
Functioning with a small paid staff, a Guardian ad Litem Program was ultimately established in each Judicial District in North Carolina. The North Carolina Guardian ad Litem Program is a statewide organization. The Program is led by a State Administrator, State Legal Staff, three Regional Administrators, and a District Administrator for each Judicial District, along with local staff and Attorney Advocates. The staff work to recruit, screen, train and support volunteers.
GAL volunteers are adult advocates coming from diverse communities and cultures. Ranging from undergraduates to retirees, volunteers bring an array of life and work experiences. And yet despite varying backgrounds, they all extend their hands and hearts to be a voice for a child who has come to the attention of the Court. GAL volunteers come to the GAL Program with a willingness to learn and bring an unbiased perspective to the Court. Preparation to become a GAL volunteer requires screening through interviews, background checks, reference checks, and 30 hours of Pre-Service training, including court observation. Once these requirements are fulfilled, the GAL participates in a swearing-in ceremony where they sign an oath of confidentiality before beginning their role as a child advocate. GAL volunteers also receive on-going opportunities for continuing education throughout the year.
GAL volunteers are each assigned a child or sibling group and work to conduct independent investigations to determine what is in their best interest. This work includes making at least one visit per month to see each child and speaking with adults in the child’s life including parents, resource parents, teachers, therapists, social workers, and others who have valuable insight. Cooperation among all people touching the lives of these children is paramount. GAL volunteers collaborate with community agencies by participating in meetings such as Child and Family Team meetings, Permanency Planning Review meetings, and Independent Educational Plan meetings, to gain a comprehensive perspective regarding each child’s situation. GAL volunteers value the input of resource parents who are in the life of the child daily and can identify strengths and areas of concern. After gathering relevant information about the life of their assigned child, the GAL volunteer prepares a written, fact-based, child-focused court report that is provided to the Court through the GAL Attorney Advocate. Court reports follow statutory guidelines to ensure that the GAL volunteer is providing the Court with the information necessary for each hearing. In addition to submitting a written report, GAL volunteers may have an opportunity to testify as a witness during the court hearing.
The commitment to be a GAL volunteer is no small task. Along with the requirements to become a GAL volunteer, GAL volunteers are also asked to commit to a minimum of one year of service to reduce turnover in the lives of children. Ideally, GAL volunteers remain on cases until each assigned child finds a permanent home, which often takes longer than a year. While the case is open, GAL volunteers journey with each child they represent through the challenges of life: being apart from their parents, changes in placements, struggles in education, moving to new schools, disruption of services, starting with new providers, and more. The consistency that GAL volunteers can provide for children is critical amid the uncertainty children face daily. Because GAL volunteers are involved with children for years, they are often the “professional” best able to provide a chronological history of each child’s life.
The greatest reward for the GAL team is to watch families experience healing and restoration as children are reunited with parents. In the absence of attaining that goal, the GAL hopes for the best outcome possible for the child and works diligently to facilitate permanence for children in other ways.
The Guardian ad Litem Program averages more than 4,600 volunteers statewide throughout the year. Partnering with a GAL Attorney and a GAL Staff member, GAL Volunteer Advocates have provided over 500,000 hours of service per year, and over 17,000 abused and neglected children have been represented, saving the State of North Carolina over $14 million in services hours. This team approach is resourceful, solid, and effective in being the voice for a child.
If you are interested in learning more about the Guardian ad Litem Program or would like to volunteer, please find our information at www.VolunteerforGAL.org
Melissa Love, MA is Guardian ad Litem District Administrator in District 16
