Letter from the Chief Justice
To all Attorney Guardians Ad Litem:
The attorneys who represent Georgia’s deprived children in our juvenile courts have a consequential charge. You have a unique opportunity to make a difference in a child’s life and their future. You have the chance to stop abuse of a child and to ensure a permanent home. I am well aware of the link between deprived and delinquent children. All of the prisons we build will not serve us years from now if a child grows up without a conscience and does not understand punishment.
I am also aware of the resources you need to do your work effectively. All of us have a responsibility to solve this problem. We must begin to work together as a profession to match this deficit with resources and make this area of the law strong for all children. In working toward that effort and in consultation with attorneys from the American Bar Association, a select group of attorneys from Georgia has developed and published “ Guidelines for Georgia’s Attorney Guardians Ad Litem in Child Deprivation Cases.”
The authors of this document are to be commended for their efforts to improve the process for child abuse and neglect cases. It is important that their efforts are honored by striving to meet these guidelines. I personally want to extend my deepest appreciation to all of you for your dedication in protecting Georgia’s children, and I extend an offer of support to improve the work you do.
Sincerely,
Robert Benham
Development Team
These aspirational guidelines were developed on March 24-25, 2000, by the following Guardians Ad Litem attending a workshop sponsored by the Supreme Court of Georgia Child Placement Project.
Patricia Fontaine Angeli, Jonesboro — Clayton Judicial Circuit
Sherry Tollison Barnes, Augusta — Augusta Judicial Circuit
Betty Rose Blass, Marrietta — Cobb Judicial Circuit
Victoria Ann Embs, Douglasville — Douglas Judicial Circuit
James Eugene Greene, Cartersville — Cherokee Judicial Circuit
Garnett Harrison, St. Marys — Brunswick Judicial Circuit
Kathy Stephens Palmer, Swainsboro — Middle Judicial Circuit
Kelly Smith Powell, Hampton — Flint Judicial Circuit
Dorothy V. Murphy, Decatur — DeKalb Judicial Circuit
Michael Lee Randolph, Macon — Bibb Judicial Circuit
Catherine Mims Williams, Thomasville — Southern Judicial Circuit
and South Georgia Judicial Circuit
Mary Dean Hermann, Atlanta — Atlanta Judicial Circuit
(who was not able to attend but sent copious notes which helped form
this document)
Gail Waters, a lay GAL from Douglas County Juvenile Court contributed
as well
This workshop was assisted and facilitated by Judge Peggy Walker of Douglas County Juvenile Court, Attorney Allyson Anderson of Georgia Court Appointed Special Advocates (CASA), Attorney Trish McCann of the Georgia Indigent Defense Council (GIDC), and Attorney Karen Worthington of the Barton Child Law and Policy Clinic. Attorney Michelle Barclay, Todd Pinsky, 2L and John Taylor, 3L of the Child Placement Project compiled and edited this document.
Special thanks go to the staff of the National Council of Juvenile and Family Court Judges, and Mimi Laver and Molly Hicks of the National Child Welfare Resource Center on Legal and Judicial Issues at the American Bar Association Center on Children and the Law who gave so generously of their time and knowledge to Georgia.
Ten Attorney Guardians Ad Litem (GALs) and facilitators
were brought together for a two-day workshop to develop guidelines for
child deprivation cases. This brief manual was developed from that workshop
and was substantively guided by the National Council of Juvenile and Family
Court Judges’ “Resource Guidelines” manual and faculty from the American
Bar Association Center on Children and the Law. The workshop and manual
development were funded by the Supreme Court of Georgia Child Placement
Project. The format of this document is, by consensus, designed to be short
and concise and yet provide enough details to help an attorney GAL properly
present child deprivation cases. These guidelines are non-mandatory and
aspirational, yet much thought and debate went into their formation, and
GALs are urged to read and consider these guidelines for deprivation cases.
While every deprivation case is important, these guidelines were primarily
developed for the cases where the Division of Family and Children Services
(DFCS) has taken a child into custody.
Furthermore, these aspirational guidelines should not be automatically
applied to a child’s attorney. While a child’s attorney advocates
for the child’s wishes and desires, a GAL advocates for what is in the
child’s best interest. In some cases, the child’s wishes differ from
what is in the child’s best interest and in such a case there should be
both an attorney to represent the child as well as a GAL. Thus, these
guidelines may not be applicable to a child’s attorney in all cases.
The Need for Guidelines
Children in deprivation cases come before juvenile
courts for protection from further harm and for timely decision-making
for their futures. An attorney GAL will play a crucial role in the processing
of these cases which have a direct impact on the lives of children.
As a result of recent changes in federal and state
law, child deprivation cases are more complex, requiring more hearings
and more people. In 1995, with Georgia’s foster care system holding
16,000 children in custody, the Supreme Court of Georgia began a study
to get a statewide view of how child deprivation cases are processed. The
study revealed that the process of deprivation cases differs dramatically
across the state. Some of the interviews and survey results stated that
the process is driven by the strongest personality in the court. Other
court participants, including many GALs, expressed frustration about the
lack of current information on practice to provide a context in which they
and others can evaluate and improve their own practice.
When information on diverse practices is shared,
the best of each style can be incorporated into practice in all jurisdictions.
Consistency in the process of deprivation cases is more likely to lead
to consistent results, ensuring that all juvenile court participants across
the state will be treated similarly and can hold the same expectations
about juvenile court. Meeting these expectations is even more critical
today since the number of children in foster care remains quite high. On
the day of the workshop in March 2000, Georgia had more than 13,000 children
in state custody.
Mission Statement
To develop aspirational guidelines to assist attorney GALs throughout Georgia in improving the quality of their representation in juvenile court, which will ultimately lead to better outcomes for children and families in the child welfare system.
General Issues
The participants decided that there were three main areas in which Georgia should focus on supporting and improving the function of GALs. In addition, specific guidelines were developed for each hearing stage of a child deprivation case.
The Three Main Areas of Focus for the Georgia Guidelines
1) Every child should be represented in all deprivation cases at each stage from the initial removal to permanency.
2) One attorney GAL should be assigned per family through permanency, with active and continued involvement in the case until permanency is achieved.
3) Communication must be improved among all groups/stakeholders, with defined roles for all the participants.
SPECIFIC GUIDELINES FOR EACH HEARING STAGE
Preparation and Organization for Cases
In addition to Georgia law, the GAL should be knowledgeable of the following
to be effective:
• DFCS policies and procedures;
• Basic child development/attachment issues;
• Legal proceedings surrounding GAL issues;
• Federal regulations relating to DFCS and foster care;
• Adoption process/benefits available;
• Substance abuse, addiction, and recovery stages;
• Basic child abuse tenets:
1) standards for interview process,
2) cycles of abuse,
3) basic psychology of victim behavior.
GAL should keep a file with the following contents:
• All pleadings;
• Interview notes;
• Hearing notes;
• Copies of all exhibits submitted at hearings or in court;
• Copies of all court orders;
• Copies of the home study, caseplans, health and psychological reports,
CASA reports, and school reports;
The GAL should maintain the file in such a way that a new GAL could pick up representation of child immediately, if necessary.
Complaint
The complaint is the first document filed with the
court to initiate a deprivation case. The complaint will allege
abuse or neglect of a child or children. It is generally filed by
a Department of Family and Children Services (DFCS) caseworker, although
complaints may be filed by any person against a child’s primary caretaker.
While we recognize that some counties do not appoint GALs at the complaint
stage, courts are urged to appoint GALs as early as possible to these cases
to best protect children.
In some jurisdictions, the actions in the lists
will be handled by other participants, particularly DFCS or court staff.
They are included in the GAL list because it is in the best interests of
the child that these actions be taken, and if no one else takes the initiative,
the GAL should at least raise the issue.
When a complaint is filed, the GAL should or make sure the following
is done:
• Strive to be appointed as the child representative before 72-hour
hearing;
• Identify and investigate parents of the child;
• Identify which parties, if any, should receive service by publication
if the case proceeds to the adjudicatory hearing;
• Read any available reports (e.g., police, DFCS intake, psychological
evaluation);
• Interview appropriate parties first, then make contact with the child;
• Provide business card or contact information to the child and all
relevant parties;
• Explore any record of prior involvement with this child or child’s
family;
• Identify issues for the 72-hour hearing;
• Obtain a copy of the complaint;
• Check to see if any extended family members are available, willing,
and/or appropriate to take custody;
• Investigate and identify preventive services and diversion;
• Look for prior DFCS records.
72-Hour Hearing
This emergency hearing is held within 72 hours of a child’s removal from the home. It is critical that this hearing be timely and thorough. Time is of the essence in child abuse and neglect cases, and any opportunity to prevent a child’s case from continuing its path into the system should be seized. Once a child is removed from the home, it becomes logistically and practically more difficult to help a family resolve its problems; thus, all guidelines developed for this hearing seek to prevent the child from unnecessarily entering the system and to ensure faster permanency for the child who does enter the system.
At the 72-hour hearing, the GAL should do or should make sure the following
is done:
• Raise the issue of failed or successful attempts to provide
reasonable notice to all parties, including father(s);
• Identify/verify parties, including the parents with current addresses,
contact numbers, and Social Security numbers;
• Request a copy of all previous orders, such as substance abuse, child
support, paternity tests, if appropriate;
• Begin identifying and investigating services, preventive measures,
extended family, home studies of relatives and psychological evaluations;
• Assist with finding temporary placement, if appropriate;
• If a putative father is available, aid him in understanding and then
assuming his role in the proceedings, advise as to legitimation procedure
or paternity testing, when appropriate;
• Determine if anyone has ordered a birth certificate; if no one has
done so, request one;
• Confirm that the parents received notice of their right to legal
representation, with separate representation for each parent, when necessary;
• Once the putative father has representation, explore the issues of
involvement with the child, child support, extended family support and
the question of terminating or surrendering rights to child/ren, if appropriate;
• Ask for an appointment of a CASA, when appropriate, and identify
what issues the CASA will be addressing;
• Fully inquire into visitation options, when appropriate;
• Fully inquire into whether any criminal charges exist arising
from the incident which may have brought the child into care;
• Start the process of building the record;
• When there are multiple children, ensure that each is represented
without any conflict of interest;
• Ask, on record, if the agency will file a petition;
• Ask, on record, for the GAL to be involved in development of the
30-day caseplan;
• Request the date for the adjudicatory hearing;
• Following the 72-hour hearing, follow up on the outcome and next
steps for the case.
Caseplan
The caseplan is the roadmap for how the case should proceed for the future. It is a document created by the caseworker and submitted to the court for approval. Once approved, the document resides in both the court and DFCS case file as well as going to the parent(s). The caseplan lays out what has to be done to resolve this case. It should be created, when appropriate, in participation with the parent(s) of the child. The caseplan will be reviewed every 3 to 6 months. Optimally, it should be distributed at the end of the dispositional hearing; however, DFCS has 30 days after that hearing to get a copy to the parents.
For the caseplan, the GAL should do or should make sure the following
is done:
• Make recommendations for the caseplan, as appropriate;
• Receive notice of caseplan family conference or meeting;
• Request scheduling of this meeting at 72-hour hearing;
• Attend the caseplan meeting or, if attendance is not possible, send
a designee;
• Receive or request a copy of the caseplan;
• Ensure that the caseplan relates to reasons for removal;
• Ensure that the findings of fact relate to the caseplan;
• Ensure that the steps relate to the caseplan problems and goals;
• Ensure that the caseplan reflects timelines and details for who is
personally responsible under each provision of the caseplan;
• Ensure every goal and step is clearly defined;
• Sign off on the caseplan.
Petition
The petition is a document outlining the facts and allegations of the deprivation case. The petition is filed by the DFCS representative or the petitioner in preparation for the adjudicatory hearing. If the child is removed from the parents, the petition must be filed within 5 days after the 72-hour hearing.
For the petition, the GAL should do or should make sure the following
is done:
• Review petition for content;
• Find out what witnesses are going to be present;
• Urge the agency to file the petition, when appropriate;
• If agency does not file a petition, consider filing a petition if
necessary (note: if petition is filed by the GAL, one must request a new
GAL due to a conflict of interest);
• If the petition is filed by the GAL, share appropriate information
with the new GAL;
• Ask DFCS to file before a specified date, when appropriate.
Adjudicatory Hearing
The adjudicatory hearing is the trial of the facts. The outcome of adjudication controls whether the state may intervene over the objections of the family. The standard of proof is clear and convincing evidence.
For the pre-trial conference or prior to adjudicatory hearing, the GAL
should do or should make sure the following is done:
• Request pre-trial conferences, when appropriate;
• Review first placement/best placement material, as applicable;
• At a minimum, meet with the child;
• Meet with the child’s parent(s) with permission and with the parents’
attorney present, if appropriate;
• At those meetings, reiterate your role and responsibilities for the
child and the parent(s);
• When explaining your role to the child, use developmentally
appropriate language;
• Review the petition;
• Investigate the allegations as they relate to the well-being of the
child/ren;
• Identify and talk to all appropriate parties;
• Explore the extended family and other placement options;
• Develop recommendations for progress or resolution of the case;
• Work with the CASA volunteer by sharing information and concerns;
• Talk with the parent(s)’ attorneys separately, if appropriate;
• Review the DFCS file and other materials such as school, medical,
and child care records;
• If necessary, conduct formal discovery for the case to discover other
materials such as school, medical, and child care records;
• Visit the child’s home, if warranted, and visit the foster or relative
placement home, using CASA or designee as appropriate;
• Issue subpoenas for witnesses, as needed, for trial;
• Where the child is a potential witness, work with the agency or SAAG
to develop a strategy to minimize stress on the child;
• Inquire into the medical/psychological treatment for the parent(s)
and child/ren, when appropriate;
• Request other process diversions, when appropriate, such as mediation
or further pre-trial conferences;
• Observe, or have designee observe, the parent-child visit, when appropriate;
• Require the child to be present for all hearings unless excused in
advance (note: if one is serving as the child’s attorney, instead
of GAL, the child must be present unless it would be detrimental to the
child);
• Discuss the court process with the child.
At the adjudicatory hearing, the GAL should do or should make sure the
following is done:
• Assure that if the child/client meets with the judge in chambers,
the parent(s) have waived their right to be present;
• Contest any request for a continuance unless it is due to a legal
reason, an unavoidable reason, or a continuance is in the best interest
of the child;
• If using the child hearsay exception, be aware that the child may
be subject to cross-examination and should be available to the court;
• Work with the agency to develop a strategy when the child is a potential
witness;
• Explore alternative methods for the child to testify (e.g.,
video or closed circuit);
• Thoroughly examine all stipulations, address all issues of evidence,
and ensure that the stipulations give support to an adequate caseplan;
• Call witnesses and/or issue subpoenas, when appropriate;
• Be prepared to cross-examine witnesses;
• Be prepared and willing to make objections;
• Make recommendations as needed;
• Provide admissible evidence (e.g., no hearsay unless using an exception,
no ex parte communications, no contact with the judge by the GAL without
others present or knowingly absent);
• Offer appropriate motions and/or objections to preserve issues for
appeal;
• Actively consult with any lay guardian, designee, or CASA;
• Bring to the court’s attention if child’s wishes differ with best
interests.
Dispositional Hearing
Disposition is the stage of the juvenile court process in which, after finding that the child is deprived and is within the jurisdiction of the court, the court determines who should have custody and control of the child. This hearing is usually held immediately following the adjudicatory hearing. All parties present at the adjudicatory hearing need to be present at the dispositional hearing.
At the dispositional hearing, the GAL should do or should make sure
the following is done:
• Encourage and engage in appropriate concurrent planning;
• Offer input in final caseplan preparation;
• Review the caseplan to see if it is still appropriate in light of
the adjudicatory hearing;
• Address the following issues: placement, services (e.g., transportation,
parenting classes, housing, etc.), timeframes, medical needs, educational/IEP
needs, and counseling needs;
• Address the following issues surrounding visitation: parents,
siblings, others as appropriate, meaningful opportunities, time-frames,
frequency, unsupervised visitation considered on an ad hoc basis, early
start to visitation, and alternate resources for frequent visits (e.g.,
church, extended family, CASA, etc.);
• Work with other parties to facilitate creative/alternative visitation
plans to maintain parent/child relationship;
• Review first placement/best placement material, when appropriate;
• Review the caseplan on the record so that the judges can clearly
explain the goals, timelines, future hearing dates, notice, and full disclosure
to the parent(s);
• Ensure a clear understanding of caseplan steps and goals to all involved;
• Identify and meet with foster parents, if appropriate;
• Raise the issue of foster parents receiving notice of hearings;
• Develop a rapport with the child, help ensure foster home placement
is the best option;
• Obtain pre-placement information of the placement family and location;
• Request protective orders as appropriate (e.g., parents for substance
abuse);
• Ensure early and adequate provision of services;
• Ensure that the orders are clear and specific, using language that
the parents can understand;
• Ensure that specific deadlines are set;
• Refer to Child Support Recovery;
• Make clear to the parents that the caseplan has now been ordered
by the court;
• Explore independent living programs for older children;
• Explore relative resources.
In aggravating circumstances and non-reunification (e.g., cases of abandonment,
crimes, torture, etc.), the GAL should do or make sure the following is
done:
• Be involved in early exploration of placement;
• Follow up on the filing of a non-reunification pleading (note:
if you as the GAL file a non-reunification pleading, you must step down
as GAL and have a new GAL assigned);
• Strategize with DFCS to ensure swift action on the case;
• Investigate extended family placement, utilizing in-state as well
as out-of-state relatives;
• Be knowledgeable and able to assist with the Interstate Compact Placement
Contract (ICPC), if appropriate;
• Be prepared to ask for or submit an “expedited” ICPC order within
45 days or court review;
• Make sure next court date is set, as well as the date by which the
agency must file its pleadings;
• Establish the pattern for frequency of review hearings.
Review Hearings
Review hearings are court proceedings that take place after disposition in which the court reviews the status of the case. In many counties, this hearing is delegated to citizen review panels who do a full review of the case and make recommendations to the judge. The judge will then review the same case on paper with the panel’s recommendations and will issue an order incorporating those recommendations, if appropriate. Reviews examine progress made by the parties since the conclusion of the dispositional hearing and provide an opportunity for correction and revision of the case plan. The purpose of review hearings is to make sure that the case progresses, that the child spends as short a time as possible in temporary placement, and that the entire process is monitored for accountability.
At review hearings, the GAL should do or should make sure the following
is done:
• Monitor the frequency of the reviews to ensure they are adequate;
• Suggest next hearing dates to ensure that case gets frequent, necessary
reviews.
For citizen review panels, the GAL should do or should make sure the
following is done:
• Receive notice of panel meeting;
• Attend when warranted;
• If necessary, provide crucial information in writing to the panel;
• Review the report of the panel and request judicial or in-court review
as needed;
• Provide input to the panel or, at minimum, provide a written report;
• At a minimum, visit with the child at or before each review.
For judicial reviews, the GAL should do or make sure the following is
done :
• Receive notice of the court date;
• Attend each review;
• Review the report and then object or explain as needed;
• Discuss extending/expanding visitation rights, if appropriate;
• Assist with modifying the caseplan, if necessary;
• Explore the current permanency plan for the child/ren;
• Review each step of the caseplan to see if the parent is meeting
the requirements and, if not, then may need to recommend a Rule Nisi against
the non-compliant party, and that the parent be held in contempt, if appropriate;
• Determine if concurrent planning is appropriate;
• Modify deadlines, as needed;
• Make a record of caseworker changes and other potential changes (e.g.,
placement changes).
Permanency Placement Hearing
There is need for some clarity about permanency hearings and custody extension hearings (or hearings on motions to extend). Under Georgia law, the permanency plan is addressed as a part of the custody extension hearing. One code section indicates that a permanency hearing is separate from the custody extension hearing, and is to be held within twelve months after a child comes into care. However, such a separate hearing is not clearly stated in Georgia law. The two purposes of the permanency hearing (which are required by federal law) are (1) to determine if a child will remain in care and (2) to determine a child’s permanency plan. Both purposes should also be addressed at the custody extension hearing. “Permanency Hearings” are required whenever reunification efforts or reasonable efforts for reunification are not made or cease. At this time, permanency hearings are not triggered by a custody extension hearing. However, permanency issues are required to be heard and determined at the time of a custody extension hearing. Because of this lack of clarity, some of our Georgia juvenile courts are holding separate permanency hearings, others are blending custody extension hearings and permanency hearings, and others have not changed their procedures at all since passage of the 1997 Adoption and Safe Families Act. At this writing, a committee has recently been created by Georgia’s juvenile court judges to review the Georgia code to address some of these conflicts.
In the meantime at permanency hearings, the GAL should do or make sure
the following is done:
• Review compliance with the caseplan as well as review all other evidence;
• Meet with the child;
• Revisit relatives, if reunification is not the plan;
• Even if the child was not present at previous reviews, the child
should attend and participate in permanency hearings, if appropriate and
not detrimental;
• Review what is in the child’s best interest (note: for a child’s
attorney, review what the child wants);
• If the child’s wishes differ from best interest, request that a new
GAL be provided to advocate for the best interest or that the child can
speak with the judge;
• Ensure the child receives appropriate counseling, as needed;
• If DFCS or the petitioner is moving to TPR, ensure that the next
steps and deadlines are set, while ensuring each proper participant in
the TPR is identified;
• Propose a recommendation and be able to support that recommendation
with facts;
• Set a timeline for filing for a petition for TPR, when appropriate;
• Even if there is no parent/child reunification, address sibling visitation;
• Determine if the child may need pre-screening for adoption (e.g.,
special needs).
If reunification is the goal, and progress is made, the GAL should do
or make the following is done:
• Modify the caseplan to establish what else must be done;
• If appropriate, arrange for reunification. If imminent, and
all parties consent, reunification can occur without a court date;
• Inquire about the desired further involvement, necessary post-reunification
services, evaluations, and reviews;
• When appropriate, recommend ongoing contact with the foster families;
• At point of reunification, make the GAL role clear for the future;
• Identify services a reunited family needs from DFCS, court, and/or
CASA.
TPR Guidelines
Termination of parental rights (TPR) cases arising
from child deprivation cases are among the most difficult a GAL can face.
There is a strong possibility that a case will result in TPR when intensive,
in-home services cannot safely be provided or are attempted but fail to
result in reunification. There are risks to a child in terminating parental
rights. If the decision is premature, a child may needlessly be deprived
of a chance to return home, to keep contact with parents, and to have lifelong
relationships with members of an extended family. On the other hand, failure
to terminate parental rights may deprive a child of the chance for a permanent,
substitute home. The longer children wait in foster care, the more difficult
it becomes to find permanent homes for them, and they are more likely to
suffer serious emotional and psychological harm. Delays in the court process
can mean missed opportunities and consequences with devastating effects
on the life of a child. Great care must be taken for these hearings.
Georgia law requires that in any proceeding for
terminating parental rights or any rehearing or appeal thereon, the court
shall appoint an attorney to represent the child as his counsel and may
appoint a separate guardian ad litem who may be the same person as his
counsel (OCGA §15-11-98).
At TPR hearings, the GAL should do or make sure the following is done:
• Optimally, ensure that the child has one GAL or attorney throughout
the entire TPR;
• Review and familiarize self with file; if new to the case,
conduct a full investigation;
• Facilitate an appropriate solution, if possible;
• If changing as the GAL or as the child’s attorney, meet with the
old/new representative;
• Review the DFCS TPR summary;
• If DFCS has not filed a petition, consider filing a motion for judicial
review, if appropriate;
• If appropriate, file the petition if DFCS fails (note: one
must then become the attorney and then a new GAL must be appointed);
• File a request for independent review of the case, if appropriate;
• After decision to terminate is made, ensure proper notice is given;
• Find out if an adoption placement has been found;
• Investigate sibling placement(s) and visitation options;
• Be careful not to automatically presume that late-emerging relatives
are the best placement option;
• Discuss what TPR means with the child, using developmentally appropriate
language and in a timely, but age-appropriate manner;
• Coordinate and collaborate with the child’s therapist in regard to
the impact of the TPR on the child, if appropriate;
• Ensure that the child’s wishes are expressed to the court, then consider
and consult with child when determining if child should appear in court;
• Preserve issues for appeal and, when possible, prepare findings of
fact and conclusions of law;
• Help monitor and expedite the trial process following the filing;
• Ensure post-TPR roles are clarified;
• Consider appropriate post-TPR placement options.
Following a TPR
Following a TPR decision, the GAL should do or make sure the following
is done:
• Stay involved with the case until the permanency plan is achieved,
if possible;
• Follow up on any adoption process and monitor the case to ensure
that events are moving according to a proper schedule;
• Educate oneself to adoption services and resources; advocate for
the child’s involvement, as appropriate;
• Remember that a TPR does not equal permanency;
• Appear at all review hearings, such as the annual reviews of placement;
• Receive notification of and coordinate with DFCS if any placement
or service problems arise;
• Be aware that the role as a GAL ends when adoption petition is filed
in Superior Court;
• Consider a role in the appeals process;
• Consider if an appeal should be filed; if yes, consider if a stay
should be filed as well.
The GAL Wish List
• That the Governor and Legislature provide sufficient funding to the
child protection system to enable it to
function efficiently and safely for children;
• That there be concurrent jurisdiction of adoption between superior
court and juvenile court in cases that
originate in juvenile court;
• That the court, if need be by legislation, ensure access for GALs
to DFCS and other files so as to streamline the process
without requiring a request for formal discovery;
• That clear lines of responsibility exist for initiating services between caseworkers, parents, or GALs;
• That there are caseload limits and adequate compensation for GALs;
• That continuances in children’s cases are minimized;
• That everyone complies fully with the federal law;
• That children can have frequent visitations and flexible hours between parents and children and have other alternatives available as to maintain the parent-child bond (e.g., phone, mail, lunch visits at school);
• That localities provide for full-time juvenile court judges across the state;
• That courts ensure children have opportunity to be heard;
• That all agencies working with children are held accountable to them and the public for permanent placements;
• That first placement/best placement evaluation exist in every case;
• That all dates for next hearing are set while in court;
• That while serving as the child’s GAL, one be given access to the
court calendar as well as receive notice if the child is appearing in any
court for any reason;
• That the ICPC is taught to everyone and is used in a standard way;
• That every child gets one caseworker;
• That caseworkers get more concurrent planning training;
• That deprivation and termination cases get automatic expedited appeals;
• That more efforts are made to reach out to extended family;
• That more effort is made to maintain consistent family units (e.g., siblings);
• That GALs, as well as all participants in the child protection system, get more consistent training on an annual basis;
• That a photo of the child is included with each court filing;
• That the independence of the GAL is ensured (e.g., meaning without depending on an employment contract with juvenile court);
• That sibling visitation be ensured throughout the process;
• That placement of siblings together is priority;
• That more intra-county communication is fostered;
• That placement and funding are streamlined to a 10 day process;
• That a more professional status for foster parent is acquired
and supported.