Vol. 11, No. 1• November 2006
The GAL Perspective
by John McMahon
Many foster parents are not entirely clear about the role that GALs (guardians ad litem) and CASAs (Court Appointed Special Advocates) play in the child welfare system. This article provides a brief overview of their role.
NC’s GAL Program
North Carolina’s GAL program, which is run through the Administrative Office of the Courts, provides trained, independent advocates to represent and promote in court the best interests of abused, neglected, and dependent children. To fulfill this mission, the GAL program recruits, screens, and trains volunteers to gather and present facts to the court in child abuse and neglect cases in North Carolina. In 2003, more than 3,800 GAL volunteers were involved in the cases of 15,706 children.Who Are GALs?
Anyone can apply to become a North Carolina GAL. In addition to a written application and a personal interview, applicants must undergo a criminal record check. The volunteer must then complete 25-30 hours of training, which may include court observation. The training prospective GALs receive emphasizes that every case is different and that as they reach out to each new person, GALs must remain neutral, calm, objective, and respectful.GALs are appointed for two years, but appointments may be extended. GALs are supervised by professional program staff.
What Do They Do?
Whenever social services files a petition with the courts alleging that a child is abused or neglected, the court must appoint a GAL to represent the child’s interests in the proceeding. If the GAL is not an attorney, the court must also appoint an attorney to work with the GAL to represent the child’s legal interests. In dependency cases the judge is not required to, but may, appoint a GAL and attorney advocate for the child.A GAL’s overall duty is to protect and promote the child’s best interests. He or she is responsible for (1) investigating to determine the facts, the child’s needs, and the resources available in the family and community, (2) recommending services and interventions to ensure the child’s safety and to ensure children who have been removed from their homes will find permanent homes as soon as possible, and (3) offering evidence and examining witnesses in court.
Within these broad functions GALs have a lot of latitude with regard to how they gather information. Some spend a lot of time talking with foster parents, foster children, teachers, etc. Others find out what they need to know without much personal contact. Some want to be a part of the child’s life. Others see their role as that of an objective third party who monitors the provision of services to the child.
Confidentiality
Usually the court order appointing the GAL authorizes him or her to obtain any information or reports he or she considers relevant to the case. Whenever a GAL exercises this authority, he or she must present the court order that contains that authorization. The person or agency from whom information is sought may want a copy of the order. The GAL must protect the confidentiality of information he or she receives.
A medical or mental health provider, a school, or any other agency or professional from whom a guardian ad litem seeks information should provide the information promptly, unless the GAL does not have a court order authorizing him or her to obtain confidential information or federal law or regulations prohibit disclosure of the information.What Makes a Good GAL?
To answer to this question we spoke with a guardian ad litem program administrator. She told us that if a GAL is good at what he does, teachers, social workers, and others will describe him as cooperative, accessible, and committed to finding solutions for the child.In the box below you will find statements from GALs and CASAs from around the country explaining how they see their role and why they do what they do.
To Learn More
Being a volunteer GAL gives you the opportunity to make a real difference in the life of a child. To learn more about this program and how you can help, visit <http://www.nccourts.org/Citizens/GAL> or send e-mail to [email protected].
Patricia Mastagh (South Bend, IN)
My motivation for volunteering for CASA came as a result of my work as a foster parent. My foster child had a CASA volunteer. Seeing her advocate for my foster child, I became interested in the program. After I adopted my foster child, I also became a CASA volunteer. My work with the children I advocate for is very rewarding. My favorite motto is, “A hundred years from now, it will not matter what my bank account was, the sort of house I lived in, or the kind of car I drove ... but the world may be different because I was important in the life of a child.”Jan Masenthin (Topeka, KS)
My motivation to become a CASA volunteer was the mountain my husband and I had to climb in order to rescue and finally adopt our niece and nephew. If they had a CASA volunteer, it wouldn’t have taken my Annie and Ernie 13 years to get the permanent home that our other children have had from the day they were born. NEVER turn your back on a child in need. Number one is always a child’s safety. Without freedom from abuse and neglect, a child cannot reach beyond fear and hopelessness. I believe we can achieve amazing things for these kids if we keep up the one-on-one work that gives us the opportunity to make a difference.Jutta K. Young (Columbia, SC)
I grew up in an alcoholic home. I survived because people, other than those who were supposed to, cared about me. I turned out OK, and it is my desire that all children who are victims of abuse and neglect know that they can be OK, too! Working with children is what I have been called to do. The one thread that we as adults have in common is that regardless of background, education, career, or finances, we were all a child at one time. Children do not need much, only love and attention. Neither of these costs anything and requires only that we give of ourselves. And, when we do, we receive so much more in return. Seeing the world through the eyes of a child, what a difference we can make!Suzanne Harrison (Nashville, TN)
While going through a divorce, I saw how helpless and angry a daughter could become because she could not tell the judge what she wanted, nor have a say in her own life at a time when her life was scary. So, I was delighted later when I ran across CASA, an organization that would speak for children, giving them a feeling of having some say in the court. I immediately wanted to be a part of that. Now, after six (soul-satisfying) years with CASA, when I first meet the children — Adrian, Jehoshua, Kevin, Marrell, Leshonda, Zach and others — it’s still like falling in love. I see awesomely wonderful things in each of them. I want to be a part of making their life good for them. I want them to feel my respect for them and thus respect themselves, to acknowledge their fears so they can be dealt with, to love whomever they choose guilt-free.Reprinted, with permission, from “Personal Portraits of CASA and GAL Volunteers,” which first appeared in The Connection (Fall/Winter 2003) <www.casanet.org>
Copyright � 2006 Jordan Institute for Families
