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National Study of Guardian Ad Litem Representation

NCJ Number
139642
Author(s)
S S Aitken; L Condelli; T Kelly
Editor(s)
M Sorensen
Date Published
1990
Length
262 pages
Annotation
Since passage of the Child Abuse Prevention and Treatment Act in 1974, most States have provided representation to children involved in civil abuse and neglect proceedings.
Abstract
The Act requires States to appoint a guardian ad litem (GAL) for maltreated children as a condition of receiving Federal grant funds authorized by the Act. A national study of GAL representation was conducted using a sample of 554 counties across the United States. Consideration was given to the prevalence of GAL representation, statewide GAL programs, representation types, GAL appointment practices, GAL responsibilities and compensation, GAL characteristics and training requirements, and GAL program administration. Variation was observed among the 50 States in representation for abused and neglected children. Only 14 States had GAL program offices. The remaining States relied on a patchwork of attorneys, volunteers, and other individuals to represent children. Counties had different methods of GAL appointment, representation, compensation, and training. In more than 90 percent of the jurisdictions studied, presiding judges made the decision to appoint a GAL. Written guidance on GAL roles and responsibilities was found in only five States. The typical GAL attorney was a white male from a small firm or solo practice who did not specialize in family law. Recommendations to improve GAL representation are offered. Appendixes contain State summaries of GAL representation and a list of sampled counties by State. Figures and exhibits