How my role as a guardian ad litem has changed with the increase of mental health diagnoses in adolescents

• Published date: 01 July 2023
• Author: Samantha Freed
• Date: 01 July 2023
• DOI: http://doi.org/10.1111/fcre.12732

SPECIAL FEATURE

How my role as a guardian ad litem has changed

with the increase of mental health diagnoses

in adolescents

Samantha Freed

Tremblay & Smith, Charlottesville, Virginia, USA

Correspondence

Samantha Freed

Email: samantha.freed@tremblaysmith.com

KEYWORDS: adolescents, diagnosis, GAL, guardian ad litem, mental health, teens, Virginia

I have served as a guardian ad litem

1

in Virginia for over 15 yearsin all types ofcourt cases –divorce, custody and

visitation, abuse and neglect petitions, child dependency cases, foster care cases, adoption…the list goes on.

2

Most GALs in the state have noticed the increase in mental health diagnoses and serious concerns regarding

teens over the last several years

3

not only in family law cases, but also in child welfare and child delinquency cases.

A global pandemic did not do this already vulnerable population any favors. As a result, the investigation that I am

required to perform for the Court has changed significantly.

In Virginia, there are standards to which GALs must adhere in our representation and protection of a child's best

interests.

4

These standards outline the scope of our role, which include conducting a thorough investigation of the

issues and providing a recommendation to the Court as to what is in the child's best interests. In Virginia, there are

enumerated factors the Court must consider and thoroughly explain when determining what is in the child's best

interests.

5

The first factor the Court shall consider is “The age and physical and mental condition of the child, giving

due consideration to the child's changing developmental needs.”Another factor is each parent's ability “to accurately

assess and meet the emotional, intellectual and physical needs of the child.”In layman's terms, what is the mental

condition of the child and is the parent able to assess and meet the mental health needs of the child? These statutory

1

A guardian ad litem is the equivalent of a “best interests advocate,”someone who is appointed by the court to assist the court in determining the best

interests of the child. This is different from a “child's lawyer,”who is a lawyer who provides legal services for a child and who owes the same duties,

including undivided loyalty, confidentiality and competent representation, to the child as is due an adult client.

2

I am a Virginia-licensed attorney who practices not only as a guardian ad litem but I represent parents in all family law and child welfare cases. I also

represent a local Department of Social Services in cases involving abused and neglected children and cases involving children at risk of entering or already

in foster care.

3

AAP-AACAP-CHA Declaration of a National Emergency in Child and AdolescentMental Health, AM.ACAD.OFPEDIATRICS (October19,2021), https://www.

aap.org/en/advocacy/child-and-adolescent-healthy-mental-development/aap-aacap-cha-declaration-of-a-national-emergency-in-child-and-adolescent-

mental-health.

4

See STANDARDS TO GOVERN THE PERFORMANCE OF GUARDIANS ADLITEM FOR CHILDREN (VIRGINIA JUD.COUNCIL2003), https://www.vacourts.gov/courtadmin/aoc/cip/

programs/gal/children/gal_performance_standards_children.pdf.

5

Va. Code Ann. §20-124.3 (1950).

DOI: 10.1111/fcre.12732

© 2023 Association of Family and Conciliation Courts.

504 Family Court Rev. 2023;61:504–509.

wileyonlinelibrary.com/journal/fcre