Representation of Children in the Child Welfare System

To receive funding through the federal Child Abuse Prevention and Treatment Act, states must have provisions and procedures in place to assure every child who is the subject of an abuse or neglect proceeding is appointed a guardian ad litem (GAL). The primary duty of a GAL is to represent the best interests of the child in such proceedings. The GAL may or may not be an attorney, but in all cases, they must receive training appropriate to the role prior to being appointed to represent the child.

Types of Representation

While 41 states specifically provide for the appointment of a GAL to represent the best interests of the child in statute, some states allow the appointment of an attorney or court-appointed special advocate (CASA) to serve as GAL (https://www.childwelfare.gov/resources/representation-children-child-abuse-and-neglect-proceedings/).

While the duty of a GAL is to represent the best interests of the child in all court proceedings, the duty of an attorney appointed to a child is to represent the child’s wishes and position, which may be in conflict with the best interests of the child. KSA 38-2205 provides that when the child’s position is not consistent with the determination of the GAL as to the child’s best interests, the GAL shall inform the court of the disagreement and the GAL or the child may request the court to appoint a second attorney to serve as attorney for the child.

When not acting as a GAL, the role of a CASA is to assist the court in monitoring the case by providing independent factual information to the court, ensuring compliance with court orders, and determining whether appropriate services are being offered to the child and family.

Kansas provides for the appointment of a GAL to represent the best interests of the child, and also allows the appointment of a CASA in abuse and neglect proceedings.

Qualifications and Training Requirements

GALs. In addition to being an attorney in good standing, GALs in Kansas must complete at least six hours of education as a prerequisite to appointment and complete six hours of continuing education every year. In the case that a judge makes an emergency temporary GAL appointment, the six hours of initial training may be completed within six months of appointment. Qualifications and training requirements vary among states but generally require some amount of training or knowledge specific to the role of GAL.

CASAs. CASA volunteers in Kansas must be at least 21 years old, submit a written application, and successfully complete screening procedures and review by the local program. Local court rules adopted by district courts govern the operation of the CASA programs in that jurisdiction. Since CASA volunteers are generally not attorneys, more comprehensive training is usually required.

Oversight of Representatives

In Kansas, as GALs must be attorneys, they are bound by the Rules of Professional Conduct, and as such, may be subject to a disciplinary action if the GAL has violated one of those rules.

At least eight states have offices or boards devoted to the oversight of individuals who provide representation of children in abuse and neglect proceedings.