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The GAL Program
The State of Florida Guardian Ad Litem Program is a network of professional staff and community advocates providing a strong voice for Florida’s abused and neglected children. The Program uses a team approach to represent children’s best interests, using volunteers, case coordinators and program attorneys. In certain cases, judges also appoint an attorney ad litem to represent a child.
On January 1, 2004 the Program was transferred out of the state court system and a statewide office was established to oversee the 21 local programs. Everyday, over 4,600 Floridians serve as guardians ad litem for children. Even though the Program recruits the highest number of volunteers of any state with a similarly sized and structured program, over 20,000 children are still in need of representation. Therefore, many of Florida’s abused and neglected children make their way through the child protection system without an advocate.
Staff
Each program director has a staff who recruit and train volunteers assign and supervise cases, and help the volunteers find their way through the complicated child welfare and legal systems. Staff members assist the Guardian Ad Litem in preparation of court reports and help assure that the best interests of the child are being addressed. Each program has an attorney who advises volunteers on the protection of children's rights and represents the Program in contested court proceedings. In addition, each program has a network of community resources and experts who are available to assist the volunteer(s).
What do they do?
Information Gatherer
The GAL's "investigative" function is more properly described as independent fact finder, information gatherer, or observer. The GAL can be expected to gather information about the child's current situation (as opposed to the allegations in the petition) by interviewing the child, parents, relatives and/or friends, school personnel, and professionals with whom the child has contact. The Guardian Ad Litem can gather reports and written records pertaining to the child and his family. It also may be useful for the GAL to observe the child's interactions with the significant others in his life and report those observations to the court. Finally the GAL can provide invaluable information about the past responses of both the child welfare system and the court system with regards to the needs of the child.
Monitor
The Guardian Ad Litem serves as monitor of the agencies and persons who are responsible for providing services to the child and his family. The volunteer assures that court orders to protect and benefit the child are carried out and that the families and the child receive the assistance and intervention that have been mandated. Throughout the duration of the case, the GAL should also monitor the appropriateness of the child's placement and the parent's compliance with the case plan. In short, the GAL has an opportunity to be a monitor of both the parents' and the systems' responses to the child's needs and ensure that all "players" are acting in that child's best interests. The GAL's effectiveness as a monitor depends on his ability to bring his observations before the court and persuade the court that changes should be made or orders should be enforced. A monitor without the ability to effectuate modifications or enforcement of existing responsibilities and obligations is ineffective. Sometimes, the lay volunteer may require legal assistance in order to function effectively. The description of the Guardian Ad Litem as the "eyes and ears of the court" is a reflection of the GAL's monitoring role.
Spokesperson
The Guardian Ad Litem speaks on behalf of the best interests of the child before the court and before agencies who are charged with responsibility for meeting the needs of the child and his family. This role is at the heart of court advocacy. Under current Florida law, there are several instances where the GAL's participation in court and agency proceedings is expressly authorized. Based on a review of the child's current situation, the Guardian Ad Litem forms an opinion about what actions and alternatives are available to judicial and child welfare officials that will serve and protect the child's best interests -- including ways to protect the child's physical safety and emotional well-being, opportunities for permanent placement in a nurturing home that will protect the child from further harm by virtue of the child's involvement in either the legal or child welfare system. The GAL then informs the court of the child's needs and makes recommendations that will serve that child's best interests.
Reporter
The Guardian Ad Litem reports to the court information gathered from observing and talking with the child; interviewing parents or guardians, relatives, and others who have contact with the child; and consulting with professionals about the child. The GAL also offers recommendations about how the judicial and child welfare systems can assure that the child's best interests will be met. The Guardian Ad Litem's reports become a permanent part of the court record.
Service Broker
The Guardian Ad Litem assists in identifying service resources and programs that may address the child's needs. Frequently, this function involves the coordination of services, which may or may not be court ordered and the solicitation of support from community organizations. The GAL can convene multidisciplinary staffing that are attended by parents, doctors, mental health counselors, school teachers, specialist and social service providers to ensure that all agencies/entities who serve the child are providing necessary and timely services. The Guardian Ad Litem has the comprehensive outlook on the needs of the child and is able to make certain that there is no gap or overlap in service provision. If the GAL identifies services that the child needs which cannot be secured without a court order, the GAL will make a recommendation for those services to the court.
Who can be a Guardian Ad Litem ?
Any person who has common sense and good judgment can be a Guardian Ad Litem! A GAL does not have to be a lawyer, counselor, therapist or parent, since he/she does not perform these roles for the child. A volunteer Guardian Ad Litem should be a person who has perhaps dealt with crisis in his/her own life, and is capable of helping a child in crisis. He/she should be a person who CARES... and is able to give TIME to help a child. A Guardian Ad Litem volunteer may have to "think outside the lines." Volunteers will be matched with children depending on how much time they are able to give, the seriousness of the case, and the backgrounds of the volunteer and the child. Cases usually require from two to ten hours of time per week.
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