The guardian ad litem program: expanding the model and meeting new challenges.

• Author: Wimsett, Mary K.
• Position: Florida

Florida guardian ad litem programs are facing an exciting period of growth and opportunity. (1) The program has had a significant increase in its budget, and with the infusion of funds to hire additional program attorneys and case coordinators, (2) has been able to increase its presence in court. Both the Governor's Blue Ribbon Panel and the Florida Senate Judiciary Committee on the Legal Needs of Children have endorsed the guardian ad litem program as an important part of the solution for ensuring abused, abandoned, and neglected children are represented and protected in the judicial system. During the 2003 legislative session, a bill was passed to transfer the program from the judicial branch to the Justice Administrative Commission. (3) This article will explore the current state of the program, its shift of primary focus to children in dependency proceedings, the challenge of balancing the necessity for the program and limited resources, and, finally, what lies ahead for the program.

The Program Today

Courts have long held the inherent authority to safeguard children and enjoy broad discretion in protecting their welfare. (4) This authority extends to the court's ability to appoint a guardian ad litem to represent the best interests of children. (5) F.S. [section] 39.822 (2003) requires that a guardian ad litem be appointed for all children who are alleged to be abused, abandoned, or neglected and involved in the court proceedings. (6)

The guardian ad litem program has served these children for more than 20 years. It is a volunteer-based program, with staff to recruit, train, supervise, and advise the volunteers. Each judicial circuit has a program consisting of a director, attorneys, case coordinators, and support staff. The staff of each program ranges in number from eight to 25 (7) staff members who supervise thousands of volunteers throughout the state. Guardian ad litem volunteers undergo a background check and are required to participate in at least 30 hours of training. (8) Each volunteer is assisted by a case coordinator and represented by a program attorney at legal proceedings. This structure was established by the State of Florida Guardian ad Litem Minimal Standards of Operation promulgated by the Florida Supreme Court to ensure quality representation of the best interests of children. (9)

Once appointed to a case, the guardian ad litem is responsible for collecting information concerning the child and charged with presenting a full picture of the child's circumstances to the court. The guardian ad litem consults with people in the child's life, including relatives and custodians as well as teachers, therapists, doctors, case workers, and other professionals. The guardian ad litem is responsible for ascertaining the child's wishes and is required by statute to report them to the court. However, the guardian ad litem is not directed by the child. Rather, the guardian ad litem's duty is to obtain and present all information relevant to the child's best interests.

The guardian ad litem observes visitation between the child and the parents while also visiting the child in his or her home and school environments. The guardian ad litem assimilates the information gathered and, with the assistance of GAL program staff, makes recommendations as to what is in the child's best interests. By bringing forth information and presenting an unbiased report with recommendations, the guardian ad litem can assist the court in making decisions to protect the child. The guardian ad litem program staff and volunteers work as a team, allowing case coordinators and program attorneys to fill in the gaps, and ensuring that as many children as possible have an advocate for their best interests at each stage of the dependency proceeding as governed by F.S. Ch. 39.

The significance of the guardian ad litem's function in dependency proceedings is illustrated in several sections of Ch. 39, which require the court to consider the...