Guardian Ad Litem Role

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Role of Guardian ad Litem Two young children live with their parents at various shelters. Father drinks until he falls asleep and cannot be awakened. Mother uses crack, heroin, has mental health issues and prostitutes to support her habits. Parents periodically abandon their children at shelters. Who stands up for the children and their rights? A Guardian ad Litem does, “Ad Litem” means “for the lawsuit” (Legal Aid 2011) a Guardian Ad Litem is a person who acts to protect someone. There are different cases that require a different kind of Guardian Ad Litem. A Guardian ad Litem can be used in custody cases, neglect cases, or a case that involves a person with a disability, in any case they are involved in they stand for the best interest of the child. Custody cases are the most common cases to use a guardian ad litem but aren’t the only reason a guardian ad litem might be used. A judge must name a guardian ad litem if he/she feels the child has been threatened, hurt, or neglected. Children who are in foster care or protective services must also have a guardian ad litem. There are many misconceptions about what a guardian ad litem is and their role. They are not lawyers nor do they have to be, their role is to make their own decision based on an independent investigation about what they feel is best for the child. A guardian ad litem will speak with the child, the parents, teachers, friends and anyone else close to the case. They will write up their report and express to the judge what they think is best for the child and what they feel should be in the court order. Although the judge doesn’t have to do what the guardian ad litem says they do take the report very serious. A guardian ad litem will spend approximately five hours per month on case related activities (60 hours per year per case). Activity percentage of time; home visits and case meetings 60%,

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