Vol. 7, No. 1• November 2002

GALs and the Best Interests of the Child

by Sheryl Ewing

I recently had the opportunity to attend a 30-hour, pre-service training course for guardians ad litem (GALs). Thanks to this experience, I have a much better understanding of the responsibilities, power, and influence of GAL volunteers. I believe this is something all foster parents should understand, and so I would like to share a little bit of what I learned with you.

North Carolina’s GAL Program

In 2003 the North Carolina Guardian ad Litem (GAL) Program will be celebrating its 20th anniversary. State law established this mandatory program in 1983; by 1997 it was established in all the judicial districts in our state. North Carolina currently has 61 GAL offices run by trained program staff, including attorneys and GAL volunteers.

Guardians ad litem exist to present the child’s best interest to the court. They are appointed to serve all court-involved children who have been abused or neglected. Judges may also appoint GALs in dependency proceedings, although this is less common.

The GAL program and the N.C. Division of Social Services share the same ultimate goal: a safe, permanent, caring home for every child within one year.
The GAL has the power to access all information about the child and his or her family. The GAL must use this information to make a recommendation to the court regarding the child’s best interests.

Pursuing the Child’s Best Interests

I have worked much of my career with adults and children with developmental disabilities, so I’m used to multidisciplinary teams. As a foster parent I tend to operate in this same way, working to create a team of people who care about each child and who can work together to create a “best interest plan” for the child, so to speak. To me, applying the best interest principle means identifying a safe, permanent home for the child as quickly as possible.

As a foster parent I have felt that my foster children’s GAL volunteer is the most important person working for them. Therefore I am willing to discuss at length with this person how I view the children and their best interests. I do this in part because, as a foster parent, I am sometimes frustrated at the small role foster parents play in shaping the future for children who are hurting.

I am an advocate in my career and I am also an advocate for my foster children. Working closely with GALs, who have real power in court, and ensuring that they are a fully-informed part of the best interest team serving your foster child may help you feel more empowered and less frustrated with the legal process and the child welfare system.

Another way foster parents can contribute is by learning to write and submit objective, factual court reports to help judges understand foster children, their needs, and any additional information that might help them determine children’s best interests. (For more on this, see A Foster Parent Asks . . . in this issue).

I appreciate the GAL volunteer program and I am glad there are strong and dedicated GAL volunteers giving a voice of hope to abused and neglected children. Some day I may even decide to become a GAL volunteer myself.

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Copyright � 2002 Jordan Institute for Families