Report-writing Tips for Guardians Ad Litem in Dependency and Neglect Cases

• Jurisdiction: Colorado,United States
• Citation: Vol. 31 No. 10 Pg. 87
• Pages: 87
• Publication year: 2002

31 Colo.Law. 87 Colorado Lawyer 2002.

2002, October, Pg. 87. Report-Writing Tips for Guardians ad Litem in Dependency and Neglect Cases

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87

Vol. 31, No. 10, Pg. 87

The Colorado Lawyer
October 2002
Vol. 31, No. 10 [Page 87]

Departments
Judges' Corner
Report-Writing Tips for Guardians ad Litem in Dependency and Neglect Cases
by Karen M. Ashby

Karen M. Ashby is Presiding Judge for the Denver Juvenile Court. Contact Colleen Truden at (970) 945-2322 to submit articles for this Department

The role of the guardian ad litem ("GAL") has posed many challenges for practicing attorneys. There are legal and ethical issues that are unique to the role of the GAL as an advocate for "the best interests" of a child-client. If the GAL has any uncertainty as to the duties and responsibilities that are expected by the court and other parties, it is important for the GAL to clarify his or her role with the court.1

Due to their unique role, GALs must assume unique responsibilities. One of these responsibilities is providing reports to the court. The use of written reports is recommended where possible in order for other parties to have advance notification of the specific recommendations being made and the bases therefor and, if necessary, to be prepared to challenge any of the recommendations prior to their adoption. This article provides this author's perspective on what information should be included in a report and some of the issues GALs should be prepared to confront

The Requirement to
Provide GAL Reports

The requirement that GALs provide court reports is rooted in a number of sources: statutes; general local or statewide court directives; or court orders, in specific cases. For example, several statutes in the Children's Code (Title 19 of the Colorado Revised Statues) address a GAL's responsibility to provide court reports

- CRS § 19-1-111 governs the appointment of GALs in all juvenile cases and requires GALs and other representatives or advocates for children to comply with Chief Justice Directive ("CJD") 97-02 (see below).

- CRS § 19-3-203 states the rights and responsibilities of a GAL appointed in dependency and neglect and other cases, including conducting an independent investigation and making recommendations to the court as to what is in a child's best interests.

- CRS § 19-3-606 requires the GAL to file a report at the ninety-day...