This is a listing of various state guidelines and standards for GALs and attorneys representing children or parents in child abuse/neglect cases. This listing includes links to materials available online as well as information for ordering printed materials by mail. If anyone knows of materials that should be included here but are not, please e-mail me.
Guidelines and Standards Available Online
West Virginia: Guidelines for Guardians Ad Litem in Abuse and Neglect Cases
Guidelines and Standards Available in Printed Form by Mail
Most of the information about ordering printed materials was provided by Eva Klain, Associate Director of the
Court Improvement Project at the ABA Center on Children and the Law. Many thanks to Ms. Klain for her permission to post the material here in HTML format.
Guidelines for Children's Attorneys:
The 1996 ABA Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases can be ordered directly from the ABA Center for Children and the Law (202/662-1743) for $3.00 (includes S&H) or downloaded from the Center's web site: http://www.abanet.org/child.
New York adopted standards in 1988. They can be ordered from the New York Bar Association, One Elk Street, Albany, NY 12207. A summary also appears in the March 1993 issue of the ABA Juvenile and Child Welfare Law Reporter (call 1-800-285-2221 or write to the ABA Customer Service Center, 750 N. Lake Shore Drive, Chicago, IL 60611; be sure to specify the March 1993 issue).
Colorado's standards are available from the National Association of Counsel for Children, 1205 Oneida St., Denver, CO 80220 (303/321-3963). They are also summarized in the March 1993 issue of the ABA Juvenile and Child Welfare Law Reporter (call 1-800-285-2221 or write to the ABA Customer Service Center, 750 N. Lake Shore Drive, Chicago, IL 60611; be sure to specify the March 1993 issue).
The West Virginia Supreme Court of Appeals approved written guidelines for guardians ad litem in abuse and neglect cases, which can be found in the case In Re Jeffrey R.L., 435 S.E.2d 162, 173-180 (1993).
The Missouri Supreme Court recently released new standards for GALs. Copies can be obtained by sending $3.25 to the Supreme Court Library, PO Box 448, Jefferson City, MO 65102, or you can view and download them at http://www.rollanet.org/~childlaw/galstd/mogalstd.htm.
In California, Rule of Court 1438, pursuant to California Welfare and Institutions Code section 317.6 subdivision (b), requires that each county develop Local Rules for Attorney Standards, Education and Training. Eva Klain has copies of the Rules from San Diego, and hopes to have copies from San Francisco, Los Angeles and other jurisdictions soon. You can obtain copies by calling the administrative office of the Superior Court of the county in which you're interested.
Also, the Northern California Association of Counsel for Children (NCACC) developed model local rules. For more information contact the National Center for Youth Law, 114 Sansome Street, Suite 905, San Francisco, CA 94104-3820 (415/543-3307; fax 415/956-9024).
In 1991-92, the National CASA Association developed "Roles and Responsibilities" for guardians ad litem that apply to either attorneys or non-attorneys serving in that capacity. The outlined duties were endorsed by the National Council of Juvenile and Family Court Judges. They can be obtained from the National CASA Association at 100 West Harrison Street, North Tower, Suite 500, Seattle, WA 98119-4123 (206/270-0072; 800/628-3233; fax 206/270-0078).
The Minnesota Supreme Court's Advisory Task Force on the Guardian Ad Litem System has produced a detailed Final Report with a review of current Minnesota procedures, deliberations and recommendations of the Task Force, proposed Rules, and appendices with comments on possible alternative rules. The Task Force's Final Report is available from the Minnesota Supreme Court Research and Planning Office, 25 Constitution Avenue, Suite 120, St. Paul, MN 55155, or by contacting staff attorney Judith C. Nord at 612-282-3972 or judy.nord@courts.state.mn.us.
Guidelines for Parents' Attorneys:
The ABA's "Representing Parents in Child Protection Cases: A Basic Introduction for Attorneys" is available from the ABA Center for Children and the Law for $3.00 by calling 1-800-285-2221.
Vermont has produced a state-specific version, which unfortunately may be out-of-date and out-of-print. Eva Klain is seeking more information on this, which will be posted as soon as she provides it to me.
Copies of the Oregon Indigent Defense Task Force Report on Principles and Standards for Counsel in Criminal, Delinquency, Dependency and Civil Commitment Cases are available from the Oregon State Bar, 5200 SW Meadows Road, PO Box 1689, Lake Oswego, OR 97035 (503/620-0222; fax 503/684-1366).
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