[blindlaw] Guardian ad litems

[Ron Dixon]

Hi RJ:

I'm not going to try to sound to cynical about the GAL program in Florida 
and I realize I need to keep this short.  As you already know, the Florida 
GAL program is overwhelmingly volunteers with a hand full of attorneys in 
each county to represent the GALs.  The problem I always found with the GAL 
program is not with the attorneys supervision, but with the volunteers.

The Children's Advocacy program falls under Chapter 39 and the volunteer 
GAL, who monitors the children and report to the court generally has no 
legal background.  Therefore, not understanding and following the guidelines 
of Chapter 39, they ten to make there reports based on there personal views 
of child rearing and whether in their opinion, the biological parent has met 
the case plan.

The Attorney representing the GAL, to my knowledge, never visits any of the 
families and rely solely on the GAL's report.

However, if I remember your original posting, you wondered whether you could 
be turned down because of your blindness.  I'm sure you can do the job with 
assistance, afterall I did for several years, but the question I can not 
answer is whether the GAL program, under the ADA, is required to give you a 
sighted person for assistance and transportation being only a volunteer.  To 
do the job properly, you need to be able to inspect the dwelling to make 
sure its habitable and inspect the child for bruises.
----- Original Message ----- 
From: "RJ Sandefur" <rjs59 at hotmail.com>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Wednesday, September 12, 2007 1:55 PM
Subject: [blindlaw] Guardian ad litems


Guys here are the standards for Florida's state wide guardian ad litem. 
Please tell me what you think
ad_litem_standards.pdf
State of Florida
Guardian ad Litem Program
STANDARDS
OF
OPERATION
April 22, 2003
Table of Contents
Section I: Definitions and Roles .................................. 1
Standard 1.0 Scope and Mission of Program .................... 1
Standard 1.1 Definition and Role of Guardian ad Litem ............ 1
Standard 1.2 Best Interests ................................. 2
Standard 1.3 Role of the Program Director ..................... 2
Standard 1.4 Role of the Program Attorney...................... 3
Standard 1.5 Role of the Case Coordinator...................... 3
Standard 1.6 Role of the Volunteer ........................... 4
Standard 1.7 Role of the Pro Bono Attorney ..................... 4
Standard 1.8 Role of the Office of the State Courts Administrator
(" OSCA")............................................ 4
Section II: Program Administration ............................... 5
Standard 2.0 Compliance with Standards of Operation ............ 5
Standard 2.1 Appointment of Guardian ad Litem Program ......... 5
Standard 2.2 Acceptance and Assignment of Cases by GAL Program . 5
Standard 2.3 Authority to Act ............................... 6
Standard 2.4 Record Management of Volunteer and Staff Files ...... 6
Standard 2.5 Record Management of Case Files ................. 7
Standard 2.6 Conflict of Interest ............................. 8
Standard 2.7 Out- of- Circuit Investigations and Courtesy Monitoring . 9
Standard 2.8 Discharge of Guardian ad Litem Program ............ 9
Standard 2.9 Fund- raising and Program Relationship to Not- for- Profit
Corporations ....................................... 10
Section III: Guardian ad Litem Certification and Training ............ 11
Standard 3.0 Guardian ad Litem Certification .................. 11
Standard 3.1 Guardian ad Litem Certification Training ........... 12
Standard 3.2 Volunteer Inservice Training..................... 13
Standard 3.3 Guardian ad Litem Annual Performance Reviews ..... 13
Standard 3.4 Volunteer Transfers ........................... 13
Standard 3.5 Volunteer Status.............................. 14
Standard 3.6 Pro Bono Attorney Qualifications ................. 14
Section IV: Conduct and Supervision ............................. 15
Standard 4.0 Guardian ad Litem Code of Conduct .............. 15
Standard 4.1 Confidentiality................................ 17
Standard 4.2 Reports to the Court........................... 17
- ii
Standard 4.3 Guardian ad Litem Supervision and Case Monitoring . 17
Standard 4.4 Restriction of Program Services .................. 18
Standard 4.5 Grievances .................................. 18
Section I: Definitions and Roles
Standard 1.0 Scope and Mission of Program
The State of Florida Guardian ad Litem Program ( hereinafter
referred to as the " GAL Program" or the " Program") was created to
implement sections 39.822, 914.17( 1), and 61.401, Florida Statutes.
Administrative Order No. AOSC03- 18 of the Chief Justice of the Florida
Supreme Court adopts the following Standards of Operation, effective
April 22, 2003.
The GAL Program operates under the auspices of the judicial
branch; the management and supervision of each circuit GAL Program,
it's employees, and volunteers is the responsibility of the Chief Judge in
that circuit. The chief judge may designate the trial court administrator to
be responsible for the administrative supervision of the Program.
The mission of the GAL Program is to advocate for the best interests
of children who are alleged to be abused, neglected or abandoned and
who are involved in court proceedings.
Standard 1.1 Definition and Role of Guardian ad Litem
The GAL Program is the " guardian ad litem" and is appointed to
represent the best interests of children in court proceedings. Program
representatives, including Program staff, certified lay volunteers, and pro
bono attorneys, work together to advocate for permanency for children
pursuant to the order appointing guardian ad litem, these Standards of
Operation and the Code of Conduct contained herein. Certified guardian
ad litem volunteers function under the direction and supervision of
Program personnel.
1
The activities performed in a particular case vary based on the type of
case. The scope of the Program's responsibilities include some or all of
the following functions:
Information Gatherer. The Program collects all relevant facts about the
circumstances that brought the matter to court through personal
interviews, observations of the child's interactions with others, and a
review of all pertinent records and documents.
Reporter. The Program develops recommendations and provides reports
to the court summarizing the information that the guardian ad litem has
gathered. The report may include the Program's recommendation
regarding the child and advise the court of any wishes articulated by the
child, as required by court order and Florida Statutes.
Monitor/ Intercessor. The Program monitors compliance with court
orders to ensure they are carried out and that families and children
receive the assistance and intervention which has been mandated. The
Program monitors the child's well- being and the family's progress in
reaching the goals as articulated through order of the court. The Program
strives to expedite the proceedings and ensure that appropriate
measures are taken to protect the child from harm which may occur as a
result of litigation. The Program can assist in identifying service 
resources
and programs to address the needs of the child and the child's family.
Spokesperson/ Special Advocate. The Program serves as a spokesperson
for the child by making recommendations to the court on how to further
the child's best interests, by providing reports as required by the court
and Florida Statutes, and by informing the court of the child's wishes.
Standard 1.2 Best Interests
The Program shall advocate for the child and work with all relevant
persons to further a child's best interests. Best interests include
preservation of the child's physical safety and emotional well- being;
permanent placement in a stable and nurturing home environment that
2
fosters the child's healthy growth and development; and advocating for
compliance with statutory requirements.
Standard 1.3 Role of the Program Director
The Program director is responsible for managing the circuit GAL
Program and directing the case work activities of Program representatives.
Directors perform a broad variety of tasks including development of
collaborative work relationships within the child protection service
delivery system, review and approval of recommendations and reports to
the court, and recruiting, screening and training volunteers. Program
directors have the authority to assign individual volunteers to perform
specific duties in cases and to remove a volunteer from a case whenever
such action is deemed appropriate. The director is responsible for the
ongoing monitoring and evaluation of staff and volunteer compliance with
these Standards. Directors ensure proper maintenance of case
management and volunteer records.
Standard 1.4 Role of the Program Attorney
The role of the Program attorney is to provide legal assistance to the
GAL Program, Program staff and volunteers, and to supervise pro bono
attorneys. The Program attorney assists the volunteers who serve as
agents of the GAL Program. The attorney provides legal advice, advocates
in court, drafts and files legal documents, negotiates terms of settlements
and agreements, participates in discovery and trial, participates in
mediation, case plan conferences, staffings and other meetings as needed
to represent the best interests of the child and generally advocates for the
best interests of children served by the Program. The Program attorney
represents the Program. The Program attorney does not represent the
volunteer, members of Program staff, the child, or the child's family
individually.
Standard 1.5 Role of the Case Coordinator
3
At Program director discretion, and with the approval of the chief
judge or trial court administrator, the case coordinator may:
table with 2 columns and 5 rows

a.
provide advocacy on cases as enumerated in Standard 1.1 or

by performing the statutorily outlined duties of the guardian

ad litem; and/ or
b.
oversee the case work activities of volunteer guardians ad

litem by performing the tasks listed below.
table end

If a case coordinator will be performing the statutory duties of a guardian
ad litem, he or she must meet all training and certification requirements
enumerated in these Standards and under Florida Statutes.
A case coordinator responsible for volunteer supervision oversees the
case work activities of volunteer guardians ad litem, assigns cases and
provides technical support to volunteers, assists in preparing reports to
the court, and advises volunteers regarding community resources and
Program policies and procedures.
Standard 1.6 Role of the Volunteer
A volunteer certified by the GAL Program represents the best
interests of children in the proceedings that gave rise to the appointment
as described in Standard 1.1. A volunteer may be assigned to civil and
criminal child abuse, abandonment and neglect cases in accordance with
Standard 2.1.
Standard 1.7 Role of the Pro Bono Attorney
The role of the pro bono attorney is to provide legal assistance to the
GAL Program when such assistance is necessary for the Program to
effectively represent the best interests of the child. The pro bono attorney
represents the Program, and not the volunteer, members of Program staff,
the child, or the child's family individually.
4
Standard 1.8 Role of the Office of the State Courts Administrator
(" OSCA")
The role of the OSCA staff serving the GAL Program is to coordinate
the development and implementation of statewide Program policies,
standards, and guidelines. The OSCA staff also provide technical
assistance, guidance and support to assist local circuits and their GAL
Program staff in the effective operation of the GAL Program offices, the
fulfillment of statutory mandates and compliance with the Standards of
Operation. OSCA may require documentation demonstrating compliance
with these Standards of Operation. In addition, the OSCA staff will collect
statewide data on the activities of guardian ad litem volunteers and
Program offices and make such data available to the judiciary, legislature
and other branches of government. OSCA staff refer all grievances
regarding individual cases or circuit program management to the chief
judge or trial court administrator in the local circuit.
Section II: Program Administration
Standard 2.0 Compliance with Standards of Operation
These Standards of Operation are mandatory for all GAL Programs
operating under the auspices of the judicial branch. Any volunteer violating
these Standards is subject to decertification and any employee violating 
these
Standards is subject to discipline or dismissal.
Standard 2.1 Appointment of Guardian ad Litem Program
Subject to the availability of Program resources and certified guardian
ad litem volunteers, the GAL Program will accept appointment by the court in
civil and criminal child abuse, neglect and abandonment proceedings where:
table with 2 columns and 5 rows

1)
there is a dependency or termination of parental rights

proceeding ( with the exception of those cases where both parents

have executed a voluntary relinquishment of parental rights), or
2)
the judge finds probable cause to believe there is abuse, neglect

or abandonment of a child as defined in Florida Statutes.
table end

5
Explanation/ Comment
These Standards do not intend to preclude appointments by the court in child
abuse, neglect and abandonment cases arising from juvenile delinquency or
CINS/ FINS proceedings, but have merely conformed the wording of the
Standard to current statutory language.
Standard 2.2 Acceptance and Assignment of Cases by GAL Program
The GAL Program's acceptance and assignment of cases shall be
according to any approved statewide case assignment matrix and the
availability of Program resources.
GAL Program staff shall assign a Program representative within thirty
( 30) days of the order of appointment of the GAL Program to a case or shall 
file a motion for discharge pursuant to Standard 2.8. Immediately upon
acceptance of a case, the Program shall file a Notice of Acceptance with the 
court. The GAL Program must ensure that copies of the Order of
Appointment and the Notice of Acceptance are furnished to all parties in the 
case. If the Program representative assigned to a case resigns or
abandons his or her responsibilities, GAL Program staff will reassign the 
case within thirty ( 30) days of resignation or abandonment by the Program
representative. The GAL Program shall maintain complete records of all case 
assignments.
Explanation/ Comment
The GAL Program endeavors to represent 100% of children who are alleged to
be abused, abandoned or neglected who are involved in court proceedings.
However, in the absence of sufficient resources to do so, a statewide case
assignment matrix has been designed to assist limited- resource Programs in
consistently assigning volunteers to those children whose need for best 
interests
representation is the most critical.
Standard 2.3 Authority to Act
The GAL Program is authorized to act only in a pending case in
accordance with the Order Appointing Guardian ad Litem. The Program's
representation of a child begins only after the judge who is presiding over 
the
case issues an order of appointment. Program representatives are prohibited
6
from undertaking any representation of or advocacy for children prior to the
issuance of an Order Appointing Guardian ad Litem.
The GAL Program has authority to act only as long as the court retains
jurisdiction. Loss of jurisdiction by the court results in the Program 
losing
authority to take action in a case. For those courts that obtain continuing
jurisdiction over children as provided by Florida Statutes, once active 
judicial
review of the case ends, the Program shall seek discharge.
Nothing in this section is intended to prohibit a Program from assisting
another Program in courtesy monitoring or out- of- circuit visits pursuant 
to
Standard 2.7.
Standard 2.4 Record Management of Volunteer and Staff Files
Each circuit GAL Program shall establish a file for each certified
volunteer and staff member and keep the information in the file current. All
records shall be safely and securely maintained and controls shall be
established so records can be located at any time.
Volunteer and staff files ( either hard copy or on computer) shall contain:
1. copy of official photo identification;
2. completed application including documentation of the screening interview 
conducted by the Program director or director's designee, with interview
notes, date, interviewer's signature or initial;
3. two positive written character references;
4. verification of successful completion of training requirements as 
required under Standard 3.1;
5. signed release of information sufficient to enable the Program to 
independently verify the facts set forth in the application and freely check
into the applicant's background, criminal history and qualifications;
6. results of statutory background check;
7. annual performance reviews as required under Standard 3.3;
8. GAL Code of Conduct dated and signed by the volunteer or staff member;
9. documentation of any disciplinary action; and
7
10. verification of completed inservice hours.
Only the names and qualifications of persons applying to serve or
serving as unpaid volunteers to assist the court, at the court's request and
direction, shall be accessible to the public. All other information 
contained in
the applications by and evaluations of persons applying to serve or serving 
as
unpaid volunteers, including the results of statutory background checks, 
shall
be confidential unless made public by court order based upon a showing of
materiality in a pending court proceeding or upon a showing of good cause.
Explanation/ Comment
The records management system provides ongoing quality assurance for
the consistency, accuracy and confidentiality of volunteer and staff files.
Standard 2.5 Record Management of Case Files
All records ( computer and hard copy) shall be safely and securely
maintained and controls shall be established so that records can be located 
at
any time. Records shall be retained in accordance with the Rules of Juvenile
Procedure, the Rules of Judicial Administration and any retention schedule
for court records. Each circuit GAL Program shall maintain case files for 
all
children served which may include:
1. case fact sheet which includes identifying information and reason for 
referral by the court;
2. order of appointment;
3. notice or oath of acceptance;
4. court reports and court orders;
5. court hearing notes;
6. documentation of each Program contact on case related activities;
7. staff case notes;
8. copies of all guardian ad litem reports filed with the court;
9. correspondence;
10. case plan( s);
11. copies of any documents filed with the court by the Program ( e. g., 
pleadings, motions, discovery, mediation agreements); and
12. any other documentation related to appointment and discharge, or 
received regarding the child or child's family.
8
Files in the possession of the GAL Program staff and volunteers are
confidential and shall not be disclosed except as authorized by federal or 
state
law or pursuant to court order.
Standard 2.6 Conflict of Interest
The GAL Program shall provide representation of the best interests of
each child it serves. The GAL Program shall request discharge from a case
when there is a conflict of interest for any Program representative, or 
because
of conflicts arising from representation of multiple parties.
A conflict of interest exists where the Program has been appointed to:
( a) simultaneously represent a minor parent and that minor's child( ren);
( b) represent a minor child where the Program previously represented the 
minor child's parent and the information from the representation of the
parent could now be used to the disadvantage of the parent; or
( c) represent two or more children where the interests of any child are 
incompatible with or in any way contrary to the interests of another.
Additionally, if a Program director determines that circumstances exist 
which
would compromise the Program's ability to provide independent advocacy for
the best interests of a child, he or she should identify those circumstances 
as
a conflict of interest and report this information to the court and other 
parties.
Any conflict of interest identified shall be reported in writing to the 
presiding
judge in the case. The Program may make a motion for discharge if the
Program believes the conflict will negatively impact advocacy on behalf of 
the
child. The Program shall notify the court of any waiver of conflict of 
interest.
If the Program is unable to serve on a case because of a conflict of
interest, it is not the Program's obligation to identify or provide an 
alternate
guardian ad litem or attorney to represent the child's interests.
Explanation/ Comment
9
The purpose of the GAL Program is to represent " the best interests of the
child." Because of the potential conflict in the representation of a child's 
" best
interests" and the representation of the child's legal interests, the GAL 
Program
shall not provide an attorney to fill an appointment as an attorney ad litem 
for
the purpose of providing legal representation for a child.
Standard 2.7 Out- of- Circuit Investigations and Courtesy Monitoring
When a GAL Program is appointed to a case in which a party or witness
resides outside the circuit and the Program representative cannot visit that
party or witness, the appointed GAL Program (" primary Program") may request
assistance from a GAL Program in another circuit. All communications
regarding the case should be directed to the primary Program having
jurisdiction over the case. The assisting GAL Program shall file any report
with the primary Program.
When a GAL Program is requested to perform services to assist a
guardian ad litem or Court Appointed Special Advocate (" CASA") program from
another state, the Program shall require documentation of the request from
the presiding court in that state. Before taking any action on such a case, 
the
assisting Program shall obtain approval from the chief judge or trial court
administrator, pursuant to any locally established requirements.
Standard 2.8 Discharge of Guardian ad Litem Program
The Program shall file a motion for discharge when:
a) the Program does not have adequate resources to accept appointment of
a case, which has not been waived;
b) the Program has discovered a conflict of interest as defined by these
Standards, which has not been waived;
c) the Program is unable to adequately represent the child;
d) a child has achieved permanence or is otherwise in a long- term stable
placement;
e) a child has turned 18 years of age;
f) the services of the guardian ad litem are no longer necessary as
required by law, or as required by these Standards; or
10
g) the Department of Children and Families has received authorization
from the court to terminate its active involvement with a child and
family.
The GAL Program shall appoint a Program representative to a case within
thirty ( 30) days of court appointment unless one of the above- listed 
grounds
for discharge exists. If unable to accept the case, the Program shall move 
for
discharge no later than thirty ( 30) days after notice of appointment and 
shall
not file a motion to stay the appointment. If the motion for discharge is
denied by the court, staff must make a written notation ( dated and signed) 
in
the case file documenting the denial. If after thirty ( 30) days from the 
denial,
the Program is unable to accept the case, the Program must motion for
discharge again, describing to the court the reasons the Program cannot
provide advocacy. If this second request for discharge is denied the GAL
Program shall notify the chief judge or trial court administrator.
Standard 2.9 Fund- raising and Program Relationship to Not- for- Profit
Corporations
Any not- for- profit corporation which supports the GAL Program may not
include any term associated with the court or judiciary including the term
" Guardian ad Litem" and GAL Program staff shall not serve on the board of
directors or advisory board of any such corporation.
Program staff shall not solicit or accept anything of value from an
organization with which the employee is associated unless the thing of value
is conveyed for a reason unrelated to the GAL Program and any matter before
the court. GAL Program staff may, on personal time, engage in community
fund- raising activities, provided such activities are not associated with 
the
name of a judge, the court or any court program.
11
Section III: Guardian ad Litem Certification and
Training
Standard 3.0 Guardian ad Litem Certification
All applicants shall meet the following minimum qualifications prior to
certification as guardians ad litem with the Program.
A guardian ad litem shall:
1. be nineteen years of age or older;
2. submit a completed application including information about educational 
background and training, employment history and experience working with
children;
3. provide official photo identification;
4. successfully complete a screening interview with a Program director or 
the director's designee;
5. provide two positive character references in writing;
6. authorize a release of information sufficient to enable the Program to 
independently verify the facts set forth in the application and freely
check into the applicant's background, criminal history, employment and 
qualifications; and
7. successfully complete training requirements per Standard 3.1.
Volunteer and staff screening shall include, but need not be limited to,
an applicant interview, review of written references, employment history
checks for a minimum of the last five years, a background investigation
through the Florida Department of Law Enforcement and any available local
criminal background checks. The Program shall not assign a case to an
individual until the screening process has been completed. Successful
completion of the screening process does not guarantee certification.
Documentation that the applicant has met eligibility and qualification
criteria must be maintained in the volunteer or staff file. The Program 
director
shall have the sole discretion to accept or reject any applicant. However, 
an
individual shall not be considered eligible for certification as a guardian 
ad
litem if he or she:
12
1. has a criminal record of a felony or a crime against persons for which 
there has been a judicial finding of guilt, or has pled nolo contendere to
any such crime; or
2. has had a permanent injunction for domestic violence entered against him/ 
her; or
3. has a prior finding of abuse, neglect or abandonment of a child or an 
adult.
No applicant shall be certified as a guardian ad litem until all required
documentation has been received, reviewed and approved by the Program
director or director's designee. Based on the totality of the information
concerning each applicant, and a consideration of whether anything in the
applicant's file could adversely affect the individual's performance as a
guardian ad litem, the Program director shall then accept or reject the
application. A decision to reject an applicant shall be communicated in
writing to the applicant.
Standard 3.1 Guardian ad Litem Certification Training
A guardian ad litem shall successfully complete training requirements
as set forth by the State of Florida Guardian ad Litem Program prior to
certification as a guardian ad litem. The training shall consist of a 
minimum
of thirty ( 30) hours and shall satisfy the following learning objectives at 
a
minimum:
C Program History and Structure
C Dynamics of Child Abuse and Neglect
C Best Interests of the Child
C Children and Permanence
C Role and Responsibilities of GAL Program Staff and the Volunteer
C Juvenile Court Process
C Department of Children and Families
C Cultural Diversity
C Communication Skills and Interviewing Techniques
C Confidentiality
C Record Keeping Practices
C Report Writing
C GAL Program Standards of Operation
 Ethical Obligations
13
C Community Agencies and Resources
C Court Observation
Circuits which assign Program representatives to criminal or family law 
cases
shall provide additional training, which shall include, at a minimum, the
statutes and rules applicable to criminal and/ or family law proceedings.
Successful completion of any training does not guarantee certification.
Standard 3.2 Volunteer Inservice Training
Guardian ad litem volunteers shall complete a minimum of six ( 6) hours
per year of inservice training approved by the Program director. The GAL
Program shall ensure that sufficient hours of approved inservice training
opportunities are available for Program volunteers annually. Failure to
complete annual inservice training may result in discharge.
Explanation/ Comment
Inservice training enhances volunteer knowledge and skills through
presentation of new materials and in- depth exploration of significant 
topics.
Standard 3.3 Guardian ad Litem Annual Performance Reviews
GAL Program staff must conduct a performance review at least once
every twelve months with each active guardian ad litem to evaluate the
individual's performance, including, but not limited to, a review of the
guardian ad litem's active cases and compliance with inservice training
requirements. Staff conducting the review shall meet with the guardian ad
litem to discuss the results of the performance evaluation, which shall be
signed by the guardian ad litem. Guardians ad litem must also review and
sign the GAL Code of Conduct annually. Completion of the review must be
documented in the guardian ad litem's file, and dated and signed by the 
staff
person conducting the review.
Standard 3.4 Volunteer Transfers
14
The Program director may consider the transfer application of a certified
guardian ad litem volunteer who has moved from a different area of the 
state.
The volunteer may apply for active status with the receiving Program 
director,
who will then request a recommendation and a copy of the volunteer file from
the certifying GAL Program. The Program director or designee will review the
volunteer file, conduct a personal interview and may also require the 
volunteer
to participate in orientation and/ or training activities. In addition, the
Program director shall require updated information on current records,
background checks, and reference checks. The Program director has the
discretion to accept or reject the transfer application.
Standard 3.5 Volunteer Status
Volunteers on active status include volunteers currently assigned to
cases and volunteers who have been assigned to cases within the last six
months. In addition, volunteers on active status include those individuals 
who
provide administrative support to the GAL Program. Volunteers who are not
currently assigned to a case, have not received a case assignment, or have 
not
provided administrative service for a six month period will be discharged 
from
active status. Discharged volunteers may be reactivated if the Program
director or director's designee determines that the volunteer continues to
meet the qualifications set forth in Standard 3.0.
Standard 3.6 Pro Bono Attorney Qualifications
A pro bono attorney shall:
1. demonstrate he or she is a member in good standing of The Florida Bar;
2. submit a completed statewide pro bono attorney application and current 
resume;
3. provide official photo identification;
4. successfully complete local Program training developed for pro bono 
attorneys; and
5. comply with local Program policies and procedures.
Explanation/ Comment
15
A pro bono attorney may demonstrate good standing with The Florida Bar
either by providing a certificate from the Bar or by executing an sworn
oath/ affirmation to that effect.
Individual circuits are responsible for developing local training
requirements for pro bono attorneys as necessary.
16
Section IV: Conduct and Supervision
Standard 4.0 Guardian ad Litem Code of Conduct
The GAL Program must advise all guardian ad litem staff and volunteers
of the following Guardian ad Litem Code of Conduct and must require each
certified guardian ad litem to read, sign and date a copy of the Code of
Conduct at the time of original certification, annually in accordance with
Standard 3.3, and at each subsequent recertification. The signed and dated
Code of Conduct shall be maintained in the volunteer or personnel file in
accordance with Standard 2.4 and a copy provided to the volunteer or staff
member. The following is the Guardian ad Litem Code of Conduct:
The Guardian ad Litem shall:
1. maintain high standards of conduct in carrying out his or her duties and 
obligations;
2. diligently represent and be guided solely by the best interests of the 
child;
3. report honestly and impartially to the court on what is in the best 
interests of the child;
4. respect the privacy of the child and the family;
5. hold confidential all information obtained in the course of service as a 
guardian ad litem, as required by law and these Standards;
6. decline appointment, withdraw, or request assistance when the volunteer 
recognizes that he or she may not have the time or ability to effectively
advocate for a child;
7. affirmatively advise the Program if he or she is charged with or 
convicted of a criminal offense, or becomes involved in any other court
proceeding, as this may cause a conflict of interest or adversely affect the 
guardian ad litem's ability to effectively advocate for a child;
8. report any new incident of child abuse or neglect to his or her 
supervisor and the abuse hotline;
9. comply with local circuit Program policies;
10. notify the Program director if the guardian ad litem or any member of 
the guardian ad litem's immediate family becomes involved in a case with
allegations of child abuse or neglect;
11. discuss all recommendations concerning the case with Program staff prior 
to submitting recommendations to the court;
17
12. obtain review/ approval from Program staff before submitting any 
document to the court or other parties;
13. monitor the child regularly pursuant to any policies established by the 
local Program;
14. return identification cards and all case files and related materials to 
the Program office upon discharge from the case or dismissal from the
Program;
15. discuss case progress and guardian ad litem activity at least every 
sixty
( 60) days with Program staff and regularly submit case activity sheets; and
16. complete six hours of inservice training annually.
Guardian ad Litem staff and volunteers shall not:
1. take action which:
a. endangers the child, a party, a witness or other person;
b. is outside the powers or role of the guardian ad litem; or
c. violates state or local law, court rule, Program policy or court or 
Program procedure;
2. contravene staff or court direction;
3. repeatedly or significantly fail to perform a responsibility as a 
guardian ad litem;
4. falsify or fail to disclose information on the guardian ad litem 
application form, misrepresent facts during the screening interview or 
commit an
act which results in a substantial alteration of the individual's 
qualifications to serve in the GAL Program;
5. violate the GAL Code of Conduct or the Standards of Operation;
6. transport a child or a family member of a child represented by the 
Program;
7. engage in conduct that is inappropriate or not in the best interests of 
the child or the GAL Program;
8. engage in an intimate, social, or other nonprofessional relationship with 
any person connected to the case or be employed in a position that might
result in a conflict of interest;
9. practice, condone, facilitate, or participate in any form of 
discrimination on the basis of race, color, sex, sexual orientation, age, 
religion,
national origin, marital status, political belief, mental or physical 
handicap, or any other preference or personal characteristic, condition or
status;
10. accept a fee for services as a guardian ad litem appointed through the 
GAL Program;
18
11. allow any child or family member of a child represented by the Program 
into their home;
12. give therapeutic counseling;
13. give legal advice or otherwise practice law in their capacity as a 
guardian ad litem;
14. misrepresent the role or position of the guardian ad litem; or
15. engage in any ex parte communication with a judge.
Each Program director, in his or her discretion, may determine whether
failure to comply with the Code of Conduct will result in either discipline 
or
discharge. If the Program director determines that action is required, the
Program director will provide written notice of the incident and the action
taken to the circuit designated Program supervisor, and the chief judge or 
trial
court administrator, if he or she so requires.
All volunteers certified by the GAL Program serve at the pleasure of the
appointing authority and may be discharged with or without cause. These
Standards do not, and are not intended to, confer upon the volunteer any
protectable property interest or contract right.
Standard 4.1 Confidentiality
Program representatives shall not disclose, or participate in the
disclosure of, any information relating to an appointed case to any person 
who
is not a party to the case, except in reports to the court and as provided 
by law
or court order.
Standard 4.2 Reports to the Court
The guardian ad litem must file reports with the court as required by
the court or by law. Program staff must review and sign all guardian ad 
litem
reports and shall provide copies to all parties at least 72 hours prior to 
the
hearing. A volunteer shall not submit any document or report to the court 
( or
other parties) without first allowing Program staff to review and approve 
it.
Program staff will not change the volunteer's recommendations unless they
are contrary to law, fact, or these Standards, and then only after 
consultation
with the volunteer. Nothing in these Standards precludes Program staff from
making stylistic or grammatical modifications to volunteer reports. The
19
Program director may authorize the filing of additional information, if, in 
the
Program director's opinion, it is in the best interests of the child to do 
so.
Standard 4.3 Guardian ad Litem Supervision and Case Monitoring
At the time of assignment of a case to a volunteer, GAL Program staff
shall communicate with the assigned volunteer to discuss the child's case 
file,
the plan for the case, and general case management procedures.
Contact between GAL Program staff and volunteers must occur at least
every sixty ( 60) days in order to monitor volunteer activity and case 
progress.
The GAL staff must enter summary notes in the case file describing case
activity. The GAL staff member must date and initial the file notation.
Standard 4.4 Restriction of Program Services
While assigned to a case as the guardian ad litem, Program
representatives shall not assume direct responsibility for providing 
services to
the children in that case or their families, including but not limited to:
1. permitting any child or sibling of a child represented by the Program to 
be placed, invited to or temporarily housed in the residence of any
Program staff member or volunteer;
2. transport any child represented by the Program;
3. accept responsibility for the welfare, supervision, or custody of any 
child represented by the Program;
4. conduct or be responsible for supervised visits for the children in their 
cases.
Standard 4.5 Grievances
Written grievances about Program operations, administration or
management shall be referred to the circuit Program director, who shall 
review
the grievance, ensure review by an attorney and provide it to the chief 
judge or
trial court administrator with a copy of the complaint and documentation of
any Program response or plan of action.
20
Written grievances about the conduct of a volunteer may be directed to
the Program director. The Program director shall ensure review by an 
attorney
and provide a written response within a reasonable amount of time.
Notification of grievances concerning volunteers should be provided to the
chief judge or trial court administrator in accordance with local circuit 
policies
and procedures. Grievances may also be raised before the court by motion or
by impeaching the testimony of the guardian ad litem.
Written grievances about the conduct of Program staff shall be handled
in accordance with local personnel procedures. Written grievances of any 
kind
received by OSCA staff shall be referred to the circuit Program director and
chief judge or trial court administrator.
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