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Qualifications, training requirements and the ability to retain counsel are among the rules included in a proposal that would introduce the state’s first guardian ad litem guidelines.
The Indiana Supreme Court is accepting public comment on the 12-page proposed “GAL Guidelines for Civil Family Law Cases,” which would “define the qualifications, training requirements, ethical standards, and practice expectations which will be applied to Guardians ad Litem in civil family law cases across courts in Indiana,” according to the court.
“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,” according to an executive summary of the proposal. “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.”
The guidelines were recommended by the Family Law Taskforce and were “vetted by several judicial committees and underwent extensive analysis and revision,” according to the executive summary. Once enacted, the guidelines “will be overseen by the GAL Family Oversight Committee falling under the Indiana Supreme Court’s Judicial Conference Committees.”
Specific topics covered in the proposed guidelines include:
- Minimum qualifications to be appointed as a GAL.
- Mandatory criminal and Department of Child Services background checks.
- Training requirements.
- Ongoing continuing education requirements to maintain GAL status.
- A set of roles and responsibilities for GALs.
- Requirements for the Order of Appointment to be used by courts in civil family law cases.
- Requirements for in-person contact with the child.
- Requirements for best interest advocacy.
Rule 1 of the proposed guidelines lists qualifications to serve as a GAL, including being:
- A licensed attorney in good standing
- A licensed mental health professional in good standing
- An employee or contractor for a court-approved GAL services program, or
- A person approved by the GAL Family Law Oversight Committee to operate independently based on their knowledge, skill, experience, training, education or other qualifications.
Under the proposal, a person could not serve as a GAL if they have been convicted of a felony or misdemeanor involving a sex offense, child abuse or neglect, or related acts, or if such charges are pending against them.
Additionally, GALs would have to meet initial and ongoing training requirements and would have to pass background, reporting and other requirements.
The training guidelines would require an initial 12-hour course covering 12 listed topics, including a GAL Code of Ethics. After the initial training, six hours of annual training would be required.
The third proposed rule outlines a GAL’s roles and responsibilities, including a court-appointment requirement that makes them “a party to the case until they are released by the appointing court. A GAL is entitled to the same rights as a party, including the ability to retain counsel, use the compulsory process, present evidence, call witnesses, and be present at all stages of proceedings.”
The rule also provides that a GAL “must advocate for the child’s best interests at all stages of the proceedings,” and “must have a reasonable amount of in-person contact with the child.”
GALs would be required under the rules to “investigate and make a written or oral report to the court.” A report must be made to the court and opposing parties or their counsel within 10 days of a hearing.
Further, a GAL’s file must be made available to a requesting party or their counsel under Indiana Code § 31-17-2-12, according to proposed Rule 3.11, but a GAL may file a motion for a protective order.
A GAL report cannot be excluded on hearsay grounds if it is timely submitted and properly maintained and made available. Additionally, “GAL reports shall be submitted to the court as a confidential document, pursuant to Indiana Rules on Access to Court Records, Rule 5.”
Comments on the proposed GAL guidelines must be submitted by noon July 19, either online or via mail to Indiana Office of Court Services, c/o Division of Children and Families, 251 N. Illinois St., Suite 800, Indianapolis, 46204.
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