GUARDIAN AD LITEM

In Sandusky County Juvenile Court, Court Appointed Special Advocates (CASA) serve as a Guardian ad Litem in Children Services Cases. A Guardian ad Litem (GAL) is appointed to assist Juvenile Court in determining what is in the “best interest” of the minor child. In Private Custody cases the Court may appoint an Attorney with specific GAL training to serve as the Guardian ad Litem.

The Judge or Magistrate will appoint a GAL. Sandusky County Juvenile Court has a list of Attorneys that have completed their GAL training requirements. The Court will rotate through the current list of Attorneys when considering a GAL appointment. Many times the same GAL is reappointed to represent the best interest of a child in subsequent court cases.

GAL RESPONSIBILITIES

The Supreme Court of Ohio outlines the GAL’s responsibilities, a GAL must:

• Represent the best interest of the child.
• Maintain independence, objectivity and fairness.
• Act with respect and courtesy to the parties.
• Appear and participate in all hearings and at “in camera” interviews between the Judge or Magistrate and the child.
• Ask the Court, in writing, to resolve conflicts by entering appropriate Orders.
• Request psychological, mental health or substance abuse assessments regarding the parties.
• Avoid any actual or apparent conflict of interest that may arise from any relationship or activity.
• Make reasonable efforts to learn about the facts of the case by:
  • Observing the child with each parent, foster parent, guardian or physical custodian and conducting at least one interview with the child where none of these individuals are present.
  • Visiting the child’s residence in accordance with any court-established standards.
  • Ascertaining the child’s wishes.
  • Interviewing the parties, foster parents and other individuals who may have relevant knowledge of the case.
  • Reviewing pleadings and other relevant court documents.
  • Reviewing criminal, civil, educational and administrative records pertaining to the child and, if appropriate, to the child’s family or other parties.
  • Interviewing school personnel, medical and mental health providers, child protective services workers and relevant court personnel, and obtaining copies of relevant records.
  • Recommending that the Court order psychological evaluations, substance abuse assessments or other evaluations or tests that would be helpful to the Court.
• Provide the Court with a written report of the activities listed above.

FREQUENTLY ASKED QUESTIONS

WHO PAYS FOR A GAL?
In Sandusky County Juvenile Court, the deposit for a GAL in private custody matters are generally split between the parties. SEARCH HERE for the cost of a Guardian ad Litem deposit. Throughout the case the GAL will submit invoices for their time and the parties will be ordered to deposit additional monies, if necessary. In Children Services cases CASA covers the cost to the GAL.

WHAT IF I DON’T WANT A GAL?
You can make your wishes known in the hearing; however, if the Court orders a GAL, you could be held in Contempt of Court if you fail to cooperate with the GAL in your case.

WHAT HAPPENS AFTER THE GAL IS APPOINTED?
After the Court Orders a GAL, you should expect one or more home visits where the GAL can see you interact with the child. In the meantime, the GAL will review court pleadings, request records regarding the child, speak to witnesses/doctors/school officials and gather other information for an investigation.

DOES THE GAL’S RECOMMENDATION BECOME A FINAL ORDER?
The GAL must give the Court a written report seven days before the final hearing so that the report can be admitted into evidence. The GAL also must be available to testify at the hearing. If these requirements are met, the Court will consider the GAL’s recommendation before giving its Final Order.