1. Defining the Role of the Guardian ad Litem
Laura Miles, GAL Coordinator
Amy Schutte, GAL Coordinator
First Judicial District

2. Guardian Ad Litem Appointments
Minnesota Statute 260C.163, Subd. 5
Guardian ad litem.
(a) The court shall appoint a guardian ad litem to protect the interests of the minor when it appears, at any stage of the proceedings, that the minor is without a parent or guardian, or that the minor's parent is a minor or incompetent, or that the parent or guardian is indifferent or hostile to the minor's interests, and in every proceeding alleging a child's need for protection or services under section 260C.007, subdivision 6, except proceedings where the sole allegation is that the child is a runaway or habitual truant. In any other case the court may appoint a guardian ad litem to protect the interests of the minor when the court feels that such an appointment is desirable.

3. GAL – what for? Advocate purely for best interests of child(ren)
No competing interests
Monetary
Reasonable efforts: social services must balance best interests of child with family reunification and needs of parents
Consideration for parents only in context of child’s best interest

4. GAL Role – the beginning
Emergency Protective Care hearing
Information
Names, ages of child/ren
Reason for removal
Appearance: ongoing GAL
Meet with family, contact information, role
Receive information and recommendations from social services
GAL does not typically offer recs or input

5. GAL Role – the beginning (cont.)
Admit/Deny Hearing, First Appearance
GAL minimal contact/involvement prior to filing
Appearance: ongoing GAL
GAL should have petition
Meet family, talk with social worker (if no EPC)
Discuss placement, family options (if applicable)

6. GAL Role - ongoing Continue with same GAL unless conflict
Gather information from collateral sources INDEPENDENT of social services
Schools
Treatment providers
Therapists
Any other professionals involved
Who don’t we talk to?

7. GAL Role – ongoing (cont.)
Sharing/discussing information with social worker
Mutual sharing
No surprises
Visit children (at home or placement)
Generally once a month
Meet with parents
Attend meetings
Case planning
Placement determination
Submit court reports
When?

8. GAL & Social Services Respect the roles Communication Professional
Not the “police”
Communication
Should NEVER go into court “ambush”
Reports (if applicable)
Discussions prior to court with all parties
Attempt to settle differences
Collaborative while protecting interests
Professional
“Stay at the table”

9. GAL & Social Services (cont.)
Involving the GAL
Effort from BOTH sides (availability, reaching out)
CASE PLANS!!!
GALs are involved in development and are signing off on case plans
PLACEMENTS
GAL are be notified ASAP of changes (prior to if not emergency)
Mutual benefits
Not a competition
Do not withhold information

10. GAL – what we are NOT Guardians The social worker The Judge
Should not be signing documents as such
The social worker
Do not transport, provide direct services
The Judge
Our recommendations are not an order!
Adversaries
We work with others for best outcome for child(ren)

11. Benefits of a GAL “Eyes and Ears” of the court ANOTHER set
More family and child contacts
Recommendations without monetary considerations/impediments
PURE best interests of child(ren)
No competing interests