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Guardians ad litem-representing the best interests of Florida's children.


It can be frightening and confusing when abused or neglected children become involved in court proceedings. They become immersed in a process they know little or nothing about, yet the implications can affect their lives for years to come. Without someone to look out for their best interests--someone who knows how to navigate the complexities of the system--many, no doubt, would be inadvertently run over by the wheels of a justice system set up to assist them.

It is the dedication of Florida's volunteer guardians ad litem who prevent that from happening. GALs play a central role in our justice system by advocating for the best interests of these children. They lead by example and the service they provide makes our communities better places for all of us. Guardians ad litem provide the strength and objectivity to assist these vulnerable children during their most difficult times and advocate for preservation of the child's physical safety and emotional well-being; a permanent placement in a stable and nurturing home environment that fosters the child's healthy growth and development; and protection from further harm during the child's involvement in the court system.

Florida's GAL program was established in 1980 as a court program to help children who become involved in court proceedings. These children are totally dependent on the adults around them to make decisions that may affect their entire life. Giving all children their own advocate to look out for them and to inform the judge of their needs is the primary goal of the program.

Each of the 20 programs employ guardian ad litem staff that recruits, trains, and supervises volunteer GALs. These volunteers visit with the children and their families and assume the role of advocate for the child, providing the court with information and working with GAL program attorneys to represent the child's best interests in court.

In 2003, Gov. Jeb Bush and others successfully advocated legislation to better coordinate activities among the courts, the Department of Children and Families, the guardian ad litem staff, and local communities. Legislation that year provided for the transfer of the GAL program to the Justice Administrative Commission and provided for the appointment of a fulltime executive director to oversee the program statewide. That executive director, Angela Orkin, works to provide technical assistance to all the programs and is now developing statewide performance measures and standards to ensure the maximum use of funding sources.

Orkin says her statewide office--which has now evolved from just a card table and cell phone--is determining what it will take for every abused and neglected child to have a guardian ad litem.

"We are still in need of resources to make sure every child is represented," Orkin said.

The new GAL office is also looking at the structure of the programs in Florida's 20 judicial circuits, which all developed independently, to find what works best and can be replicated elsewhere. The goal is to have in place a topnotch system where the volunteers are monitored, managed, trained, and supervised by quality professionals, and the program's legal staff is provided the resources and support to advocate effectively on behalf of the program and the children it represents.

But the effort will be all for naught without volunteer guardians. That's where you come in. While you don't have to be a lawyer to be a guardian ad litem, who else is more qualified to handle the job?

Orkin says her office is now trying to recruit more pro bono attorneys to serve as guardians or represent the program in appeals and in termination of parental rights hearings. There are a lot of different ways attorneys can get involved. These children have many needs outside of dependency court, including educational and immigration issues.

The most important thing about this program is that it is an opportunity for individuals to have a really big impact on Florida's most vulnerable children. Many people hear about abused and neglected kids and feel concern for them, but helping is a lot easier than you think.

Orkin, a former corporate lawyer, says once you get involved in the GAL program you'll be hooked and surprised at its impact on you.

"There are just thousands and thousands of children that need help. When you actually put a face to that and meet with a child and learn about their lives and their concerns, it is really hard to walk away," Orkin said.

Here's how it works. First, the guardian ad litem is an investigator and, among other responsibilities, interviews family, friends, relatives, neighbors, and members of the child's school. The GAL then compiles the information obtained in the investigation and writes a detailed report for the court. The guardian ad litem also works with program attorneys to protect the child from insensitive questioning and often harmful effects of being embroiled in the adversarial court process, and serves as a spokesperson to ensure that the best interests of the child are presented to the court and agencies dealing with the child. Finally, the guardian ad litem serves as a monitor of the agencies and persons who provide services to the child, ensuring that the orders of the court are carried out and that families and children receive the help they should.

Want to make the world a better place? You can do it by being a voice for a child. Become a volunteer guardian ad litem. All it takes is a call to your local program. I ask you to visit the Statewide GAL Office's new Web site at www.guardianadlitem.org and click on your county to find out how you can become a guardian ad litem.
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Author:Johnson, Kelly Overstreet
Publication:Florida Bar Journal
Article Type:President's Page
Date:Feb 1, 2005
Words:940
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