Guardian ad Litem Guidelines

Proposed Guardian ad Litem Guidelines for Civil Family Law Cases

Overview

There is a need to improve GAL practices in family law and guardianship cases and a need for more uniformity and consistency in GAL practice. There is also a need to help litigants better understand the role of the GAL, as well as a need to ensure that GALs receive adequate training to investigate and summarize the best interest of youth when assisting judges in family law cases.

These guidelines were recommended by the Family Law Taskforce and have been vetted by several judicial committees and underwent extensive analysis and revision. The GAL Guidelines outline the qualifications and training requirements to serve as a GAL in family law cases and provide additional guidance to GALs. Once enacted, these guidelines will be overseen by the GAL Family Oversight Committee falling under the Indiana Supreme Court’s Judicial Conference Committees.

GAL Guidelines

Qualifications to Serve

Indiana statutes do not have any qualifications for persons serving as a GAL in terms of education required or criminal background checks. Other states studied have minimum qualifications and uniform training required to become a GAL. These proposed guidelines include a description of persons qualified to serve as a GAL and require that a criminal background check and child and abuse neglect check be conducted on all GALs.

Mandatory Training Requirements

Although specific training is outlined for GALs serving in juvenile cases, Indiana provides no specific training requirements for GALs in family law cases. Many states, and all states studied by the Family Law Taskforce, have specific training requirements for GALs to ensure they are competent to serve, are professional, and understand applicable laws. These Guidelines will require that GALs be trained in issues including, but not limited to, trauma informed care, the ethical obligations of a GAL, the importance of face-to-face contact with the youth, and understanding diversity, equity, and poverty.

The proposed Indiana Guardian ad Litem Guidelines will require twelve (12) hours of initial training on required topics and six (6) hours of continuing training annually on topics relating to family law and serving in this critical role.

Defining Roles and Responsibilities

Currently GAL practice across Indiana is not uniform and there is significant uncertainty amongst litigants, judicial officers, and attorneys about the role and responsibilities of a GAL. In some counties, an individual serving as a GAL is also allowed to serve in multiple roles on the same case, such as a parenting coordinator or a therapist. There are some counties in which a GAL is left on a case for many years, which expands their role to be more of a parenting coordinator, without parenting coordinator training. There is a dire need for clear and uniform guidelines like those provided in the other states studied.

The proposed Indiana Guardian ad Litem Guidelines clearly outline the duties of a GAL, including mandatory in-person contact with children, a thorough and independent investigation, a definition of what best interest advocacy encompasses and guidance on sharing a child’s expressed wishes to the court. The proposed guidelines more fully outline the GAL role in court proceedings and throughout the case like other states with more robust GAL rules. These proposed guidelines also contain more detailed information about what should be contained in a GAL report and clarify that the GAL role is to make recommendations to the Court and, if necessary, monitor the case for a brief period of time.

Court Orders of Appointment of a GAL

These guidelines introduce the use of standard terms for the GAL Appointment Order across the state to make GAL practice more uniform and to reduce confusion. The Order allows Judicial Officers to select the factors indicating the need for the GAL. The Order additionally leaves opportunities for Judicial Officers to be specific as to what the court is requesting the GAL to do and what the timelines are for completion of the investigation and report. Further, the Order outlines the cost to each side so litigants have this knowledge at the beginning of the case.

Proposed Oversight Committee

Overview

The passage of these guidelines will require a committee to study their effectiveness, propose ongoing amendments and ensure the guidelines are being applied evenly and effectively across the state. Currently there is no mechanism for a litigant to file a complaint about a GAL. There have been many valid complaints about GALs who do not see the children for whom they are advocating, who repeatedly continue the case because they cannot complete their investigation or report in a timely manner, or who attempt to continue their presence on a case well after the issues for which they were appointed have been resolved. The Family Law Taskforce examined the complaint process in fifteen states. It is necessary that Indiana adopts a mechanism to handle these situations.

Overview Committee Makeup

These proposed Indiana Guardian ad Litem Guidelines will be overseen by the GAL Family Oversight Committee whose members are appointed by the Chief Justice. The Oversight Committee will be comprised of members of the judiciary, family law practitioners, the State Director of CASA/GAL, and practicing GALs. This Oversight Committee will oversee the criminal background checks of GALs, the implementation of training, as well as ensuring training requirements are followed.

Complaints

In addition to monitoring and updating the Guidelines, this GAL Oversight Committee will investigate complaints alleging that a GAL has violated the Guidelines. Investigations will be limited to ensuring a GAL complied with the Guardian ad Litem Guidelines. The Oversight Committee will not address concerns about a GAL during pending proceedings. Nor will the Oversight Committee be permitted to review the court’s decision or actions in the case. Only the Judge has the authority to remove the GAL from an existing case. Concerns in ongoing cases will continue to be handled by the parties, or their attorneys, by way of motions or cross-examination. Investigations of violations of these Guidelines will begin no sooner than 60 days after the issuance of the Order which included consideration of the GAL recommendations and report. Oversight Committee investigations will not serve as a method to question or reinvestigate the underlying facts in the case, nor the outcome of the case. Not all complaints will warrant investigation. Prior to an investigation, the Oversight Committee will review the complaint and supporting documentation to determine if an investigation is warranted. Failure to meet with and observe the child will automatically result in a founded complaint. Founded complaints will result in notification to the presiding Judicial Officer. Founded complaints may also result in removal of the GAL from the proposed Indiana Registry of GALs.