Who Oversees A Guardian Ad Litem In Missouri?

In Missouri, a Guardian ad Litem (GAL) is a court-appointed attorney who represents the best interests of a child in custody cases. While the GAL does not represent the parents, they are expected to investigate the child's circumstances and make recommendations to the court. The GAL's role is to ensure that the child's well-being remains the focal point of the proceedings. The GAL may interview the child, parents, and other relevant parties, review records, and speak with professionals such as teachers and doctors. Although the GAL's recommendations are not binding, they are typically given significant weight by the judge. The Missouri Supreme Court has established standards for GALs, including mandatory training requirements, to ensure they are well-equipped to advocate for the child's best interests.

Guardian ad litem qualifications

In Missouri, a Guardian ad Litem (GAL) is a licensed attorney appointed by the court to represent the best interests of a child or children in a custody matter. The GAL does not represent the parents and is not bound by the child's wishes. The GAL investigates the case and makes recommendations to the court based on their findings.

Qualifications

To become a GAL in Missouri, an attorney must:

• Attend eight hours of GAL-specific training to be certified and eligible for appointment by the court. This training covers topics such as the legal framework for cases involving allegations of abuse and neglect, child representation, investigation techniques, trauma and family dynamics, and legal ethics.
• Complete permanency planning training prior to certification and appointment. This training focuses on promoting a permanent living situation for the child while ensuring that the minimum level of care is met.
• Provide an affidavit or other evidence of completion of the initial training with the appointing court by July 31st each year.
• Continue to attend three hours of training each year, specific to promoting the education and skills of Guardians ad Litem.
• Be a licensed lawyer in Missouri.

The Missouri Bar and organisations like MoBarCLE offer training opportunities for both the initial eight-hour certification and the three-hour annual re-certification.

Monitoring Performance

There is no single entity that monitors the performance of a GAL in Missouri. However, if a GAL does not perform their duties, complaints can be made to the presiding judge, who has the power to discharge the GAL and appoint another. Additionally, judges may change the way GALs are appointed or appointed differently if they receive enough complaints.

Guardian ad litem appointment

A Guardian ad Litem (GAL) is a court-appointed attorney who represents the best interests of a child or children in custody cases. GALs are mandatory in cases where child abuse or neglect is alleged and in cases involving the termination of parental rights. GALs may also be appointed in any custody case where there are serious concerns about the child's welfare.

In Missouri, a GAL must be a licensed attorney who has completed the state's required GAL training. This training consists of eight hours of initial training and three hours of continuing education each year. GALs must also complete permanency planning training prior to their certification and appointment. This training promotes a permanent living situation for the child while guaranteeing that a minimum level of care is provided.

The role of a GAL is to investigate the child's circumstances and make recommendations to the court based on their findings. This may involve interviewing the child, parents, and other relevant parties, reviewing records, visiting the child's homes, and speaking with teachers, doctors, or therapists. GALs do not advocate for what the child wants but rather what is in their best interests. They may also participate in mediation to ensure the child's interests are considered and may be called to testify in court about their findings and recommendations.

It is important to note that GALs do not represent the parents and are not bound by confidentiality with them. Anything shared with a GAL by either parent can be shared with the other parent, their lawyer, or the court.

The appointment of a GAL can be requested by either parent, or the judge may appoint one if they believe it is necessary. The cost of a GAL is typically shared equally by both parents, although this can vary depending on the income disparity between the parents or if the GAL is appointed at the request of one parent.

If a GAL is appointed in a case, it is crucial to cooperate fully by being honest and transparent, providing requested information promptly, and demonstrating a commitment to the child's well-being.

Guardian ad litem responsibilities

A Guardian ad Litem (GAL) in Missouri is an attorney appointed by the court to represent the best interests of a child or children in a custody matter. They are mandatory in cases where child abuse or neglect is alleged, and in cases involving termination of parental rights. GALs are not social workers or mediators, and they do not represent the parents or the child's wishes. Instead, they advocate for the child's best interests, which may or may not align with either parent's wishes.

Responsibilities of a Guardian ad Litem:

• Investigating the case: GALs gather information about the child's situation by interviewing the child, parents, and other relevant parties, reviewing records, visiting the child's homes, and speaking with teachers, doctors, or therapists.
• Representing the child's interests in court proceedings: GALs advocate for what they believe is best for the child, which may not always align with the child's or parents' wishes.
• Providing recommendations: GALs report their findings and recommendations for custody arrangements to the court. They may also participate in mediation to ensure the child's interests are considered.
• Testifying in court: GALs may be called to testify about their findings and recommendations.
• Keeping the child informed: GALs must keep the child up to date about what is happening in court.
• Accessing relevant records: GALs have access to all the child's reports and records relevant to the case.
• Recommending the best course of action: GALs recommend to the court the course of action they believe is in the child's best interest.
• Participating in court meetings and case-related activities: GALs participate in court meetings and activities such as the development and negotiation of a parenting plan.

GALs must complete specific training to become certified, including eight hours of initial training and three hours of continuing education each year. They must also adhere to the Missouri Supreme Court's standards, which include advocating for the child's best interests and having reasonable access to the child.

Guardian ad litem removal

In Missouri, a Guardian ad Litem (GAL) is a court-appointed attorney who represents the best interests of a child or children in a custody matter. The GAL does not represent the parents and is not obliged to maintain confidentiality with them. The GAL investigates the claims made by each side and reports their findings to the court.

There is no defining source of a GAL in Missouri statute, and the Missouri Supreme Court standards for GALs are more like guidelines. This can lead to varying expectations and satisfaction levels with their performance. In Missouri, 40% of judges usually adopt the recommendation of GALs, while about 60% sometimes do so. One in four judges have removed GALs from a case for failure to perform their duties.

Although it is possible to request the removal of a GAL, it is not common for this to be granted. One source states that "it never, ever works out well". The same GAL will likely be re-appointed in future cases unless they move away or retire.

If a party wants to have a GAL replaced or dismissed, the court must follow a certain standard in determining a motion to disqualify a GAL. In the case of Bouchard v. Bouchard, the appellate court found that "to disqualify an agreed-upon guardian, 'the facts must be egregious, and the burden heavy'". The court must find that there is "bias or prejudice" on the part of the GAL.

If a person is unhappy with their GAL, it is recommended that they voice their concerns to their lawyer, who can then speak privately to the GAL. If a person does not have a lawyer, they can put their concerns in writing and send them to the GAL. It is advised that this is done in a factual, respectful, and non-accusatory way.

Guardian ad litem complaints

In Missouri, a Guardian ad Litem (GAL) is a court-appointed attorney who represents the best interests of a child or children in a custody matter. The GAL does not represent the parents and is not bound by confidentiality agreements with either parent.

There are varying expectations for GALs in Missouri, resulting in mixed satisfaction levels with their performance. While some judges usually adopt the recommendations of GALs, others only sometimes do so. This inconsistency has led to criticism of the GAL system in Missouri.

Complaints about a GAL's performance can be made to the GAL Review Board, which, with the assistance of Bar Counsel, investigates allegations of ethical misconduct against guardians ad litem. Disciplinary action may be taken against a GAL if they are found to have engaged in misconduct, violated rules, or committed a criminal or unlawful act that reflects adversely on their honesty, trustworthiness, or fitness as a guardian.

Complaints can also be filed with the court, although this is not recommended if the case is still active, as it may not change the outcome. If there is evidence that the GAL made a false statement under oath, the court will not use them again.

In addition, complaints about a GAL who is a member of a professional organization can be made to that organization, which can then investigate the claim. For example, if the GAL is a Court Appointed Special Advocate (CASA), a complaint can be filed with the CASA program.

It is important to note that the process for filing a complaint may vary, and specific procedures should be checked with the relevant authorities.

Frequently asked questions