Child Welfare Information Gateway

Children’s Bureau/ACYF

1250 Maryland Avenue, SW

Eighth Floor

Washington, DC 20024

800.394.3366

Email: info@childwelfare.gov

http://www.childwelfare.gov

STATE 

STATUTES

Current Through 

July 2011

Introduction Revised 

May 2012

Representation of 

Children in Child 

Abuse and Neglect 

Proceedings

Electronic copies of this publication 

may be downloaded at 

http://www.childwelfare.gov/

systemwide/laws_policies/statutes/

represent.cfm

To find statute information for a 

particular State, go to 

http://www.childwelfare.gov/

systemwide/laws_policies/state/

index.cfm

To find information on all the 

States and territories, order a copy 

of the full-length PDF by calling 

800.394.3366 or download it at 

http://www.childwelfare.gov/

systemwide/laws_policies/statutes/

represent.pdf

The Federal Child Abuse Prevention and Treatment 

Act (CAPTA) requires States to document in their 

State plan provisions for appointing a guardian ad 

litem (GAL) to represent the child’s best interests 

in every case of abuse or neglect that results in a 

judicial proceeding. The GAL may be an attorney 

or a court-appointed special advocate (CASA)—or 

both—who has received appropriate training.1

1	 To be eligible for funding under CAPTA, a State is required to submit

to the Secretary of the U.S. Department of Health and Human Services

a written plan for improving the State’s child protective services system.

The plan must include an assurance that the State has in effect laws,

policies, or procedures that address specific issues required by CAPTA

(42 U.S.C. § 5106a(b) (2010)). For more information on issues related to

providing representation for children, visit the website of the National

Quality Improvement Center on the Representation of Children in the

Child Welfare System at http://www.improvechildrep.org
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The GAL represents the child at all judicial proceedings related 

to the case and has the responsibility to:

• Obtain firsthand a clear understanding of the situation and 

needs of the child

• Make recommendations to the court concerning the best 

interests of the child2

At the State level, statutes specify when the court must appoint 

a representative for a child who is involved in an abuse and 

neglect proceeding, and whom the court may appoint.3

 As 

described in the National Council of Juvenile and Family Court 

Judges’ Resource Guidelines: Improving Court Practice in Child 

Abuse and Neglect Cases,

4

 there are a number of ways that a 

child’s interests can be represented. In some instances, two or 

more of these representatives may work on the same case: 

• A GAL may be appointed to investigate and represent the 

child’s best interests as described above. 

• An attorney may be appointed specifically to represent the 

child’s expressed wishes before the court. 

• A CASA may be appointed to assist the court by investigating 

a child’s circumstances and providing recommendations on 

the child’s needs. In some cases, a CASA may serve as the 

child’s GAL as described in CAPTA.

2	 42 U.S.C. § 5106a(b)(2)(B)(xiii) (2010).

3	 Throughout this document, analyses of requirements in some States were derived from

court rules as well as statutes.

4	 National Council of Juvenile and Family Court Judges (1995), http://www.ncjfcj.org/

sites/default/files/resguide_0.pdf

Making the 

Appointment 

All States, the District of Columbia, and all territories except 

the Northern Mariana Islands provide in their statutes for the 

appointment of representation for a child involved in a child 

abuse or neglect proceeding. Approximately 41 States, the 

District of Columbia, American Samoa, Guam, and the U.S. 

Virgin Islands provide for the appointment of a GAL to represent 
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the best interests of the child.5 In 15 of these States, the District 

of Columbia, and the U.S. Virgin Islands, the GAL must be an 

attorney.6

 In other States, volunteers who may or may not be 

attorneys may serve as GALs.

Fourteen States and Puerto Rico require the appointment of 

an attorney for the child;7

 five States require both an attorney 

and GAL.8

 Oregon requires the appointment of a CASA. In 

Wisconsin, a child has the right to counsel, and he or she 

may not be removed from the home unless counsel has been 

appointed. If the child is under age 12, the court may appoint 

a GAL instead of counsel. In four States, if the GAL is not an 

attorney, counsel may be appointed to represent the GAL.9

In all cases, the appointment of a GAL, attorney, or CASA is 

made by the court that has jurisdiction over the child abuse or 

neglect proceedings. In Louisiana, the attorney may be provided 

by a Child Advocacy Program. In Maryland, the court appoints 

an attorney with whom the Department of Human Resources has 

contracted to provide legal services. In Washington, the court 

may select a GAL from a rotational registry of qualified GALs.

5	 The word approximately is used to stress the fact that States frequently amend

their laws. This information is current through July 2011. The States that provide for

the appointment of a GAL include Alabama, Alaska, Arizona, Arkansas, California,

Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas,

Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New

Hampshire, New Mexico (for a child under age 14; an attorney must be appointed

for a child who is age 14 or older), North Carolina, North Dakota, Ohio, Oklahoma,

Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah,

Vermont, Virginia, Washington, Wisconsin (for a child under age 12; an attorney must be

appointed for a child who is age 12 or older), and Wyoming. In Vermont, the GAL must

advocate for the child’s wishes if the child is able to communicate them effectively.

6	 Alabama, Arkansas, Colorado, Kansas, Michigan, Missouri, Nebraska, New Jersey, New

Mexico, North Dakota, Pennsylvania, Utah, Virginia, Wisconsin, and Wyoming.

7	 California, Connecticut, Kentucky, Louisiana, Maryland, Massachusetts, Nevada, New

Mexico, New York, Oklahoma, South Dakota, West Virginia, Wisconsin, and Wyoming.

In Wyoming, the attorney also shall serve as the child’s GAL. In New Mexico, an attorney

is required if the child is age 14 or older. In California, the appointment of an attorney is

required unless the court finds the child would not benefit from the appointment; in that

case, the court must appoint a CASA for the child.

8	 Mississippi, North Carolina, South Carolina, Texas, and Vermont. In Texas, the attorney

may serve in the dual role of attorney and GAL, or a separate GAL may be appointed. In

Mississippi and North Carolina, an attorney also must be appointed if the court appoints

a nonattorney GAL.

9	 Illinois, Indiana, Ohio, and South Carolina.
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The Use 

of CourtAppointed 

Special 

Advocates 

Qualifications 

and Training 

Approximately 33 States and the U.S. Virgin Islands allow for the 

appointment of a CASA.10

In 17 of these States, the CASA may serve as the GAL.11 In 13 

States and the U.S. Virgin Islands, the CASA may be appointed 

in addition to the GAL.12 A CASA may be appointed in addition 

to an attorney in five States.13 In Louisiana and New Mexico, a 

CASA may be assigned to assist the court, while in Utah a CASA 

may be selected to assist the court or the child’s GAL.

Approximately 45 States, the District of Columbia, and the U.S. 

Virgin Islands address the qualifications and training required 

for those who can be assigned to represent a child involved in 

a child abuse or neglect proceeding.14 While most States that 

require the appointment of an attorney for the child do not 

require additional specific training, some States do have certain 

requirements that must be met. Texas, for example, requires 

the attorney to have training in child advocacy or experience 

equivalent to that training, while West Virginia requires 3 hours 

of continuing legal education per year in representation of 

children and child abuse and neglect.15

For attorneys serving as GALs, training requirements vary 

considerably from State to State. In four States, additional 

training is not specified.16 In 17 States and the District of 

Columbia, laws require attorneys to receive training specific 

to their roles as GALs.17 For example, Delaware requires 

10 Alabama, Arizona, Arkansas, California, Colorado, Delaware, Georgia, Illinois, Indiana,

Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Mississippi, Missouri, Nebraska,

Nevada, New Hampshire, New Mexico, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode

Island, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin.

11 Arizona, California, Delaware, Georgia, Illinois, Indiana (the court may appoint a CASA

to act as GAL or appoint both a CASA and GAL), Iowa, Maine, Missouri, Nevada, New

Hampshire, Ohio, Oregon, Rhode Island, South Carolina, Texas, and Washington.

12 Alabama, Arkansas, Colorado, Indiana, Kansas, Mississippi, Nebraska, New Mexico,

Pennsylvania, Tennessee, Utah, Virginia, and Wisconsin.

13 Kentucky, Louisiana, Maryland, Oklahoma, and Wisconsin.

14 In all States except Arizona, Hawaii, Iowa, Michigan, and Oregon.

15 Louisiana requires attorneys to possess training or education relevant to child abuse

and neglect cases. Attorneys in Massachusetts must complete an initial 5-day certification

course and meet annual continuing education requirements.

16 New Jersey, New Mexico, New York, and Pennsylvania.

17 Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Kansas,

Missouri, Nebraska, North Dakota, South Carolina, Texas, Utah, Virginia, Wisconsin, and

Wyoming.
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GALs to complete training offered by the State Office of the 

Child Advocate, and Florida requires training to be provided 

by the Statewide Guardian ad Litem Office. In Georgia, the 

requirement for training can be satisfied within the State’s 

existing continuing legal education obligations. The statutes in 

six States provide more specific requirements about the content 

of training, including knowledge about the needs and protection 

of children; applicable statutory, regulatory, and case law; and 

the roles, responsibilities, and duties when representing the best 

interests of a child.18

For nonattorneys acting as GALs and CASAs, the laws in many 

States provide more detailed training requirements. Typically, an 

initial training program must be completed before a person may 

be assigned to a child’s case, followed by ongoing in-service 

training. The training programs are designed to ensure that the 

child’s advocate possesses the knowledge and skills to represent 

the child’s best interests competently. Topics covered in these 

programs may include:

• Child abuse and neglect

• Child development

• Roles and responsibilities of the child’s advocate

• Cultural awareness

• The juvenile court process

• Federal, State, and local laws, regulations, and rules

• Interview techniques and information gathering

• Documentation and report writing

Seven States specify that the training provided to CASAs must 

comply with standards set by the National Court Appointed 

Special Advocates Association.19

In addition to training requirements, volunteers are screened 

and interviewed prior to acceptance in a GAL or CASA program. 

18 Arkansas, Connecticut, Kansas, Utah, Virginia, and Wyoming.

19 Those States are Arkansas, California, Kentucky, Louisiana, Nevada, Tennessee, and

Utah. For information on the National CASA Association curriculum, see

http://www.casaforchildren.org/site/c.mtJSJ7MPIsE/b.5466267/k.5DB0/Training_Staff_

and_Volunteers.htm
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Sixteen States require criminal background checks.20 Checks 

of the State’s child abuse and neglect registry are required in 

10 States.21 California, Florida, and Idaho require checks of the 

State’s sex offender registry.

Specific Duties

The primary responsibility of a GAL is to represent the best 

interests of a child in child abuse and neglect proceedings. The 

laws in 40 States, American Samoa, Guam, and the U.S. Virgin 

Islands list specific duties that may be required as part of that 

responsibility.22 These duties include, but are not limited to:

• Meeting face-to-face with the child on a regular basis, 

including before all hearings

• Conducting an independent investigation of the 

circumstances of the case

• Attending all hearings and staffings related to the case

• Monitoring cases to ensure that court orders for services have 

been fulfilled

• Submitting written reports to the court

The GAL also is expected to make recommendations to the 

court about specific actions that would serve the best interests 

of the child. Sometimes, the GAL’s determination of best 

interests may conflict with the child’s expressed wishes. In 25 

States, Guam, and the Virgin Islands, the GAL is obligated to 

communicate the child’s wishes to the court along with his or her 

20 Arkansas, California, Colorado, Delaware, Florida, Idaho, Illinois, Kentucky, Louisiana,

Minnesota, Missouri, Nebraska, Pennsylvania, South Carolina, Virginia, and Washington.

21 Arkansas, Colorado, Illinois, Kentucky, Minnesota, Missouri, Nebraska, Pennsylvania,

Virginia, and Washington.

22 Alabama, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii,

Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Michigan, Minnesota, Mississippi, Missouri,

Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina,

North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Texas,

Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming.
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own recommendations.23 In 14 States and Guam, the court may 

appoint a separate counsel to represent the child’s wishes.24

The statutes in 13 States list specific duties for a CASA who is 

appointed in addition to an attorney or GAL.25 Typically, these 

duties may include: 

• Investigating the case to provide independent, factual 

information to the court

• Monitoring the case to ensure compliance with court orders

• Determining whether appropriate services are being offered 

to the child and family

• Preparing regular written reports for the court and parties to 

the case

Compensating 

the 

Representative 

Many States provide in statute that reasonable compensation 

should be paid to attorneys and GALs who are appointed 

to represent a child.26 In Arkansas and Delaware, the child’s 

attorney is contracted through a State agency, while in Colorado, 

Kentucky, and Oregon, attorney expenses are paid by either a 

State agency or a specially designated fund. In Connecticut, the 

child’s attorney and GAL are assigned by the office of the Chief 

Public Defender, which also has the responsibility to pay the fees 

of the attorney and GAL.

In 33 States, the District of Columbia, American Samoa, and 

Guam, fees and expenses for attorney and/or GAL services are 

23 Arkansas, California, Delaware, Idaho, Hawaii, Kansas, Maine, Michigan, Nevada, New

Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, South Carolina,

South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, and

Wyoming.

24 Alaska, Connecticut, Delaware, Hawaii, Illinois, Kansas, Maine, Michigan, New

Hampshire, South Dakota, Tennessee, Texas, Washington (if a child who is age 12 or older

requests separate counsel), and Wisconsin.

25 Arkansas, Colorado, Kansas, Kentucky, Louisiana, Maryland, Nebraska, New Mexico,

Pennsylvania, Tennessee, Utah, Virginia, and Wisconsin.

26 Alabama, Arizona, California, New Hampshire, New Jersey, Pennsylvania, Rhode Island,

South Carolina, Vermont, Puerto Rico, and the U.S. Virgin Islands do not address this issue

in their statutes.
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paid by the court handling the case.27 In six States and American 

Samoa, these costs are funded by the State;28 in 15 States, 

expenses are paid by the county.29 To the extent that they are 

able to pay, the court in 22 States and Guam may require the 

parent or guardian of the child or other appropriate party to 

reimburse the court for any attorney or GAL fees that have been 

paid.30 In Tennessee and American Samoa, the person found 

responsible for the abuse or neglect is required to pay these 

expenses.

Since they serve as volunteers, CASAs are not compensated. 

However, in Maine and Missouri, they may be reimbursed for 

any expenses they incur.

27 Alaska, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine,

Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada,

New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota,

Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

28 Alaska, Minnesota, Montana, Nevada, New Mexico, and Virginia.

29 Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Massachusetts, Minnesota, Mississippi,

Nebraska, Ohio, South Dakota, Texas, Wisconsin, and Wyoming.

30 Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Maryland,

Massachusetts, Michigan, Minnesota, Missouri (except for any person who is found not

to have committed the abuse), Nebraska, New Mexico, North Carolina (only if the child

is adjudicated as being abused or neglected), North Dakota, Oklahoma, Texas, Utah,

Virginia, and Wisconsin.

This publication is a product of the State Statutes Series 

prepared by Child Welfare Information Gateway. While 

every attempt has been made to be complete, additional 

information on these topics may be in other sections of a 

State’s code as well as agency regulations, case law, and 

informal practices and procedures.

Suggested Citation:

Child Welfare Information Gateway. (2011). Representation of 

children in child abuse and neglect proceedings. Washington, 

DC: U.S. Department of Health and Human Services, 

Children’s Bureau.
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Alabama

Making the Appointment

Ann. Code §§ 26-14-11; 12-15-304

In every case involving an abused or neglected child that results in a judicial proceeding, an attorney shall be appointed 

to represent the child. This attorney will represent the rights, interests, welfare, and well-being of the child, and serve as 

guardian ad litem (GAL) for that child.

In all dependency and termination of parental rights proceedings, the juvenile court shall appoint a GAL for a child who 

is a party to the proceedings and whose primary responsibility shall be to protect the best interests of the child. 

Qualifications/Training

Ann. Code § 12-15-304

Before being appointed by the juvenile court, every GAL appointed in juvenile dependency or termination of parental 

rights cases shall receive training appropriate to their role.

Specific Duties

Ann. Code § 12-15-304

The duties of the GAL include, but shall not be limited to, the following:

• Irrespective of the age of the child, to meet with the child prior to juvenile court hearings and when apprised of 

emergencies or significant events affecting the child

• To explain, in terms understandable to the child, what is expected to happen before, during, and after each 

juvenile court hearing

• To conduct a thorough and independent investigation.

• To advocate for appropriate services for the child and the family

• To attend all juvenile court hearings scheduled by the juvenile court and file all necessary pleadings to facilitate 

the best interests of the child

How the Representative Is Compensated

This issue is not addressed in the statutes reviewed.

Alaska

Making the Appointment

Alaska Stat. § 47.10.050; AK CINA Rule 12(b)(3)

Whenever in the course of proceedings instituted under this chapter it appears to the court that the welfare of a child 

will be promoted by the appointment of an attorney to represent the child, the court may make the appointment. If it 

appears to the court that the welfare of a child in the proceeding will be promoted by the appointment of a guardian ad 

litem (GAL), the court shall make the appointment. Appointment of a GAL or attorney shall be made under the terms of 

§ 25.24.310.

The court shall appoint counsel, pursuant to Administrative Rule 12, for a child when the court determines that the 

interests of justice require the appointment of an attorney to represent the child’s expressed interests. 

The Use of Court-Appointed Special Advocates (CASAs)

This issue is not addressed in the statutes reviewed.

Qualifications/Training

Alaska Stat. § 25.24.310; AK CINA Rule 11(c)

The court shall make every reasonable effort to appoint a GAL from among persons in the community where the child’s 

parents or the person having legal custody or guardianship of the child resides. 
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A GAL should possess the knowledge, skill, experience, training, or education that allows the GAL to conduct an 

independent, thorough, and impartial investigation and to advocate effectively for the best interests of the child. 

The GAL should have an understanding of the following as appropriate to the case: 

• Child development from infancy through adolescence

• The impact of child abuse and neglect on the child

• The impact of child in need of assistance (CINA) proceedings, including out-of-home placement and the 

restriction or termination of parental rights, on the child

• Unique issues related to families involved in CINA proceedings such as substance abuse, domestic violence, and 

disabilities

• Community and other resources available for placement, treatment, and other necessary services for abused or 

neglected children

• The ethnic, cultural, and socioeconomic backgrounds of the population to be served 

• The Indian Child Welfare Act and the prevailing social and cultural standards of the Indian community in which the 

child, parent, Indian custodian, or extended family resides or maintains social and cultural ties

• Alaska and applicable Federal statutes, rules, and supreme court decisions relating to CINA proceedings

• The ability to research and develop special areas of knowledge as appropriate or necessary in a given case

Specific Duties

Alaska Stat. § 25.24.310

The court shall require a GAL when, in the opinion of the court, representation of the child’s best interests, to be 

distinguished from preferences, would serve the welfare of the child. The court in its order appointing a GAL shall:

• Limit the duration of the appointment of the GAL to the pendency of the legal proceedings affecting the child’s 

interests

• Outline the GAL’s responsibilities

• Limit the authority to those matters related to the guardian’s effective representation of the child’s best interests in 

the pending legal proceeding

How the Representative Is Compensated

Alaska Stat. § 25.24.310

The court shall notify the office of public advocacy if the office is required to provide GAL services. The court shall enter 

an order for costs, fees, and disbursements in favor of the State and may further order that other services be provided for 

the protection of a minor or other child. 

American Samoa

Making the Appointment

Ann. Code §§ 45.2017(c); 45.0326

In each case filed under this section, the court appoints a guardian ad litem (GAL) in accordance with § 45.0326. 

In all proceedings brought for the protection of a child suffering from abuse or nonaccidental injury, following a report 

made under § 45.2010, a GAL shall be appointed for this child. The GAL shall have the powers and duties specified in § 

45.2017. 

The Use of Court-Appointed Special Advocates (CASAs)

This issue is not addressed in the statutes reviewed.

Qualifications/Training

This issue is not addressed in the statutes reviewed.

Specific Duties

Ann. Code § 45.2017
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The GAL is given access to all reports relevant to the case made to or by any public agency or person under this chapter 

and § 45.0304 and to reports of any examination of the responsible person. 

The GAL is charged in general with the representation of the child’s interests. To that end he or she may:

• Make further investigation that he or she considers necessary to ascertain the facts

• Interview witnesses 

• Examine and cross-examine witnesses in both the adjudicatory and dispositional hearings 

• Introduce and examine his or her own witnesses

• Make recommendations to the court concerning the child’s welfare

• Participate further in the proceedings to the degree necessary to adequately represent the child

How the Representative Is Compensated

Ann. Code § 45.2017

If the petition is granted to place the child under the jurisdiction of the court, the costs of the proceeding, including GAL 

and expert witness fees, may be charged by the court against the person found responsible for the abuse or neglect. If 

the petition is not granted, the costs may be charged against the Territory of American Samoa. 

Arizona

Making the Appointment

Rev. Stat. § 8-221

In all juvenile court proceedings in which the dependency petition includes an allegation that the juvenile is abused or 

neglected, the court shall appoint a guardian ad litem (GAL) to protect the juvenile’s best interests. This guardian may be 

an attorney or a court-appointed special advocate. 

The Use of Court-Appointed Special Advocates (CASAs)

Rev. Stat. §§ 8-523; 8-524

The court-appointed special advocate program is established in the Administrative Office of the Supreme Court. The 

program shall establish local special advocate programs in each county.

The Supreme Court shall adopt rules prescribing the establishment of local programs and the minimum performance 

standards of these programs.

The court-appointed special advocate fund consists of moneys received pursuant to § 5-518 [from unclaimed prizes 

from the State lottery]. The fund is subject to annual legislative appropriation. Moneys appropriated by the legislature 

from the court-appointed special advocate fund for the court-appointed special advocate program shall be used by the 

Supreme Court to operate, improve, maintain, and enhance the program.

Qualifications/Training

This issue is not addressed in the statutes reviewed.

Specific Duties

Rev. Stat. § 8-221

The GAL or attorney for a juvenile shall meet with the juvenile before the preliminary protective hearing, if possible, 

or within 14 days after the preliminary protective hearing. The GAL or attorney for the juvenile also shall meet with the 

juvenile before all substantive hearings. Upon a showing of extraordinary circumstances, the judge may modify this 

requirement for any substantive hearing.

How the Representative Is Compensated

This issue is not addressed in the statutes reviewed.
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Arkansas

Making the Appointment

Ann. Code § 9-27-316

The court shall appoint an attorney ad litem when a dependency-neglect petition is filed or when an emergency ex parte

order is entered in a dependency-neglect case, whichever occurs earlier. 

The court may appoint an attorney ad litem to represent the best interests of a child involved in any case before the 

court and shall consider the child’s best interests in determining whether to appoint an attorney ad litem. 

The Use of Court-Appointed Special Advocates (CASAs)

Ann. Code § 9-27-316(g)

The court may appoint a volunteer court-appointed special advocate (CASA) from a program that shall meet all State and 

national CASA standards to advocate for the best interests of juveniles in dependency-neglect proceedings. No CASA 

shall be assigned a case before:

• Completing a training program in compliance with National Court-Appointed Special Advocate Association and 

State standards

• Being approved by the local CASA program including appropriate criminal background and child abuse registry 

checks

Each CASA shall:

• Investigate the case to which he or she is assigned to provide independent factual information to the court 

through the attorney ad litem, court testimony, or court reports

• Monitor the case to which he or she is assigned to ensure compliance with the court’s orders 

The CASA may testify if called as a witness. When the CASA prepares a written report for the court, the advocate shall 

provide all parties or the attorney of record with a copy of the written report 7 business days before the relevant hearing.

Upon presentation of an order of appointment, a CASA shall be provided access to all records relevant to the child’s case 

including, but not limited to, school records, medical records, all court records relating to the child and his or her family, 

and department records to the extent permitted by Federal law.

A CASA is not a party to the case to which he or she is assigned and shall not call witnesses or examine witnesses. 

Qualifications/Training

Ann. Code §§ 9-27-401(b)(4); 9-27-316(f)(1); AR Sup. Ct. Adm. Order No. 15 (b)

The Supreme Court shall adopt standards of practice and qualifications for service for all attorneys who seek employment 

or contracts to provide legal representation to children in dependency-neglect cases. 

The court shall appoint an attorney ad litem who shall meet standards and qualifications established by the Supreme 

Court to represent the best interests of the juvenile when a dependency-neglect petition is filed or when an emergency 

ex parte order is entered in a dependency-neglect case, whichever occurs earlier.

Prior to appointment, an attorney ad litem shall have initial education to include approved legal education of not 

less than 10 hours in the 2 years prior to the date an attorney qualifies as a court-appointed attorney for children in 

dependency-neglect cases. Initial training must include:

• Child development

• Dynamics of abuse and neglect

• Attorney roles and responsibilities including ethical considerations

• Relevant State law, Federal law, case law, and rules 

• Family dynamics including, but not limited to, substance abuse, domestic violence, and mental health issues

• Division of Children and Family Services policies and procedures
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Qualifications/Training (Cont.)

Ann. Code §§ 9-27-401(b)(4); 9-27-316(f)(1); AR Sup. Ct. Adm. Order No. 15 (b)

• Additional initial legal education that may include, but is not limited to:

» Grief and attachment

» Custody and visitation 

» Resources and services

» Trial and appellate advocacy

The Administrative Office of the Courts (AOC) shall design and conduct programs for the initial 10 hours of legal 

education, either alone or in collaboration with other agencies or entities.

Following completion of the initial 10 hours of legal education, continuing legal education shall include at least 4 hours 

per year related to representation in dependency-neglect cases that may include, but is not limited to, the subject 

categories listed above.

Specific Duties

Ann. Code § 9-27-316

An attorney ad litem shall:

• File written motions, responses, or objections at all stages of the proceedings when necessary to protect the best 

interests of the child

• Attend all hearings and participate in all telephone conferences with the court unless excused by the court

• Present witnesses and exhibits when necessary to protect the child’s best interests 

An attorney ad litem shall be provided access to all records relevant to the child’s case, including, but not limited 

to, school records, medical records, all court records relating to the child and his or her family, and records of the 

Department of Human Services to the extent permitted by Federal law.

An attorney ad litem shall represent the best interests of the child. If the child’s wishes differ from the attorney’s 

determination of the child’s best interests, the attorney ad litem shall communicate the child’s wishes to the court in 

addition to presenting his or her determination of the child’s best interests. 

How the Representative Is Compensated

Ann. Code § 9-27-401

The director of the AOC is authorized to employ or enter into professional service contracts with private individuals 

or businesses or public agencies to represent all children in dependency-neglect proceedings. Before employing or 

entering into a contract or contracts, the office shall consult with the judges of the circuit court designated to hear 

dependency-neglect cases.

Those obtaining employment or contracts through the office will be designated as the providers for representation of 

children in dependency-neglect cases in each judicial district. 

The distribution of funds among the judicial districts shall be based on a formula developed by the office and approved 

by the Juvenile Judges Committee of the Arkansas Judicial Council. In the transition to a State-funded system of 

dependency-neglect representation, it is the intent of the General Assembly to provide an appropriate and adequate 

level of representation to all children in dependency-neglect proceedings as required under Federal and State law.

The court may also require the parties to pay all or a portion of the expenses, depending on the ability of the parties to 

pay.

The office shall establish guidelines to provide a maximum amount of expenses and fees per hour and per case that will 

be paid.
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California

Making the Appointment

Welf. & Inst. Code §§ 317(c), 326.5; 326.7; Cal. Rules of Ct., Rule 5.660(b) 

If a child is not represented by counsel, the court shall appoint counsel for the child unless the court finds that the child 

would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding.

The Judicial Council shall adopt a rule of court effective July 1, 2001, that complies with the requirement of the Federal 

Child Abuse Prevention and Treatment Act (CAPTA, P.L. 93-247) for the appointment of a guardian ad litem (GAL) for a 

child in cases in which a petition is filed based upon neglect or abuse of the child or in which a prosecution is initiated 

under the Penal Code arising from neglect or abuse of the child.

Appointment of a GAL shall not be required for a minor who is a parent of the child who is the subject of the 

dependency petition unless the minor parent is unable to understand the nature of the proceedings or to assist counsel 

in preparing the case.

The court must appoint counsel for a child who is the subject of a petition under § 300 and who is unrepresented by 

counsel unless the court finds that the child would not benefit from the appointment of counsel.

In order to find that a child would not benefit from the appointment of counsel, the court must find all of the following:

• The child understands the nature of the proceedings.

• The child is able to communicate and advocate effectively with the court, other counsel, other parties, including 

social workers and other professionals involved in the case.

• Under the circumstances of the case, the child would not gain any benefit by being represented by counsel.

If the court finds that the child would not benefit from representation by counsel, the court must appoint a courtappointed special advocate (CASA) volunteer for the child, to serve as the CAPTA GAL, as required in § 326.5.

The Use of Court-Appointed Special Advocates (CASAs)

Welf. & Inst. Code §§ 326.5; 356.5; 102; 103 

The rule of court may include guidelines to the courts for determining when an attorney should be appointed rather than 

a CASA, and caseload standards for GALs.

A child advocate appointed by the court to represent the interests of a dependent child shall have the same duties and 

responsibilities as a GAL and shall be trained by and function under the auspices of a CASA/GAL program, formed and 

operating under the guidelines established by the National Court Appointed Special Advocate Association.

A CASA may be appointed in juvenile dependency proceedings and in actions to terminate parental rights to custody 

and control, as deemed appropriate by the juvenile or other superior court judge hearing the matter.

A judge may appoint a CASA when, in the opinion of the judge, a child requires services that can be provided by the 

CASA consistent with the local rules of court.

To accomplish the appointment of a CASA, the judge making the appointment shall sign an order that may grant the 

CASA the authority to review specific relevant documents and interview parties involved in the case, as well as other 

persons having significant information relating to the child, to the same extent as any other officer of the court appointed 

to investigate proceedings on behalf of the court. \
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Qualifications/Training

Welf. & Inst. Code §§ 102; 103; Cal. Rules of Ct. Rule 5.660(d)(1)-(3)

The Judicial Council shall require an initial and ongoing training program to all persons acting as a CASA, including, but 

not limited to, the following: 

• Dynamics of child abuse and neglect

• Court structure, including juvenile court laws regarding dependency

• Social service systems

• Child development 

• Interview techniques 

• Report writing

• Roles and responsibilities of a CASA

• Rules of evidence and discovery procedures

• Problems associated with verifying reports

The Judicial Council, through its CASA Advisory Committee, shall adopt guidelines for screening CASA volunteers 

that shall include personal interviews, reference checks, checks for records of sex offenses and other criminal records, 

information from the Department of Motor Vehicles, and other information the Judicial Council deems appropriate.

Persons acting as CASAs shall be individuals who have demonstrated an interest in children and their welfare. Each 

CASA shall participate in ongoing training and supervision throughout his or her involvement in the program. Each CASA 

shall be evaluated before and after initial training to determine his or her fitness for these responsibilities. Ongoing 

training shall be provided at least monthly.

Each CASA shall commit a minimum of 1 year of service to a child until a permanent placement is achieved for the child 

or until relieved by the court, whichever is first. At the end of each year of service, the CASA, with the approval of the 

court, may recommit for an additional year.

A CASA shall have no associations that create a conflict of interest with his or her duties as a CASA.

‘Competent counsel’ means an attorney who is a member in good standing of the State Bar of California, who has 

participated in training in the law of juvenile dependency, and who demonstrates adequate forensic skills, knowledge, 

and comprehension of the statutory scheme, the purposes and goals of dependency proceedings, the specific statutes, 

rules of court, and cases relevant to such proceedings, and procedures for filing petitions for extraordinary writs.

Only those attorneys who have completed a minimum of 8 hours of training or education in the area of juvenile 

dependency, or who have sufficient recent experience in dependency proceedings in which the attorney has 

demonstrated competency, may be appointed to represent parties. In addition to a summary of dependency law 

and related statutes and cases, training and education for attorneys must include information on child development, 

child abuse and neglect, substance abuse, domestic violence, family reunification and preservation, and reasonable 

efforts. Within every 3 years attorneys must complete at least 8 hours of continuing education related to dependency 

proceedings.
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Specific Duties

Welf. & Inst. Code §§ 102; 104; 317(e)

A CASA shall do all of the following in the cases to which he or she is appointed:

• Provide independent, factual information to the court 

• Represent the best interests of the children involved and consider the best interests of the family

• At the request of the judge, monitor cases to ensure that the court’s orders have been fulfilled

The court shall determine the extent of the CASA’s duties in each case. These duties may include an independent 

investigation of the circumstances surrounding a case to which he or she has been appointed, interviewing and 

observing the child and other appropriate individuals, and the reviewing of appropriate records and reports. 

The CASA shall report the results of the investigation to the court, follow the direction and orders of the court, and 

provide information specifically requested by the court.

The counsel for the child shall be charged in general with the representation of the child’s interests. To that end, the 

counsel shall make or cause to have made any further investigations that he or she deems in good faith to be reasonably 

necessary to ascertain the facts, including interviewing witnesses, and he or she shall examine and cross-examine 

witnesses in both the adjudicatory and dispositional hearings.

In any case in which the child is age 4 or older, counsel shall interview the child to determine the child’s wishes and to 

assess the child’s well-being and shall advise the court of the child’s wishes.

How the Representative Is Compensated

This issue is not addressed in the statutes reviewed.

Colorado

Making the Appointment

Rev. Stat. §§ 19-1-111; 19-1-111.5; 19-3-203

The court shall appoint a guardian ad litem (GAL) for the child in all dependency or neglect cases under this title.

The court may appoint a court-appointed special advocate (CASA) volunteer if the court finds that the appointment 

would be in the best interests of the child. The court may direct the manner in which a CASA volunteer and any GAL 

appointed in a case shall collaborate.

Upon the filing of a petition under § 19-3-502 that alleges abuse or neglect of a minor child, the court shall appoint a 

GAL. Nothing in this section shall limit the power of the court to appoint a GAL prior to the filing of a petition for good 

cause.

The Use of Court-Appointed Special Advocates (CASAs)

Rev. Stat. §§ 19-1-206; 19-1-207

Any judge or magistrate may appoint a CASA volunteer in any action brought pursuant to titles 14, 15, and 19, when, 

in the opinion of the judge or magistrate, a child who may be affected by such action requires services that a CASA 

volunteer can provide. At the discretion of the judge or magistrate, a CASA volunteer may be a party to the action if so 

provided for in the memorandum of understanding.

A CASA volunteer shall be appointed at the earliest stages of an action pursuant to a court order that gives him or her 

the authority to review all relevant documents and interview all parties involved in the case, including parents, other 

parties in interest, and any other persons having significant information relating to the child.

The CASA volunteer’s appointment shall conclude:

• When the court’s jurisdiction over the child terminates

• Upon discharge by the court on its own motion or at the request of the program director of the CASA program to 

which the CASA volunteer is assigned
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The Use of Court-Appointed Special Advocates (CASAs) (Cont.)

Rev. Stat. §§ 19-1-206; 19-1-207

A CASA volunteer shall not: 

• Accept any compensation for the duties and responsibilities of his or her appointment

• Have any association that creates a conflict of interest with his or her duties

• Be related to any party or attorney involved in a case

• Be employed in a position that could result in a conflict of interest or give rise to the appearance of a conflict

• Use the CASA volunteer position to seek or accept gifts or special privileges

Qualifications/Training

Rev. Stat. §§ 13-91-103; 19-1-204; 19-1-205; Colo. Chief Justice Directive 04-06(V)(A)(1), (2)

A GAL who is appointed to represent a child in a dependency or neglect proceeding shall be an attorney-at-law licensed 

to practice in Colorado.

All CASA volunteers shall participate fully in preservice training, including instruction on recognizing child abuse and 

neglect, cultural awareness, child development, the juvenile court process, permanency planning, volunteer roles and 

responsibilities, advocacy, information gathering, and documentation. Volunteers shall be required to participate in 

observation of court proceedings prior to appointment.

All volunteers shall receive training manuals that shall include guidelines for their service and duties.

Each CASA program shall provide a minimum of 10 hours of in-service training per year to CASA volunteers.

The minimum qualifications for any prospective volunteer are that he or she shall:

• Be at least age 21 and have demonstrated an interest in children and their welfare

• Be willing to commit to the court for a minimum of 1 year of service to a child

• Complete an application, including providing background information required below

• Participate in a screening interview

• Participate in the required training

• Meet other qualifications as determined by the CASA program director and the chief judge of the judicial district

A prospective volunteer’s application shall include:

• A copy of any criminal history record and motor vehicle record

• Written authorization for the CASA program to obtain information contained in any records or reports of child 

abuse or neglect concerning the prospective volunteer

• At least three references of people who can address his or her character, judgment, and suitability for the position

• Records from any other jurisdictions in which he or she resided during the 1-year time period prior to the date of 

the application if the prospective volunteer has resided in Colorado for less than 12 months

Attorneys appointed as GALs, attorney child and family investigators, or child’s representatives shall possess the 

knowledge, expertise, and training necessary to perform the court appointment. In addition, GALs, attorney child and 

family investigators, and child’s representatives shall obtain 10 hours of the required continuing legal education courses 

or any other modified training requirements established by subsequent Chief Justice Directive practice standards, rule, 

or statute that are relevant to the appointment and that enhance the attorney’s knowledge of the issues in best interest 

representation. These requirements should be met prior to attorney’s first appointment and per legal education reporting 

period. The attorney shall provide the Office of the Child’s Representative (OCR) with proof of compliance with this 

requirement with his/her application to provide attorney services or contract renewal for the OCR. 
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Specific Duties

Rev. Stat. §§19-3-203; 19-1-208

The GAL shall represent the child’s interests. To that end, he or she shall:

• Investigate as necessary to ascertain the facts

• Talk with or observe the child involved

• Examine and cross-examine witnesses in both the adjudicatory and dispositional hearings

• Introduce and examine his or her own witnesses

• Make recommendations to the court concerning the child’s welfare

• Appeal matters to the Court of Appeals or the Supreme Court

• Participate in further proceedings as needed

In addition, the GAL, if in the best interests of the child, shall seek to ensure that reasonable efforts are made to prevent 

unnecessary placement of the child out of the home and to facilitate reunification of the child with the child’s family or, if 

reunification is not possible, to find another safe and permanent living arrangement for the child. In determining whether 

reasonable efforts are made with respect to a child, the child’s health and safety shall be the paramount concern.

Upon appointment, a CASA volunteer may:

• Conduct an independent investigation regarding the best interests of the child to provide factual information to 

the court regarding the child and the child’s family, including:

» Interview and observe of the child

» Interview other appropriate individuals

» Review relevant records and reports

• Determine whether an appropriate treatment plan has been created for the child and family, appropriate services 

are being provided, and treatment is progressing in a timely manner

• Make recommendations consistent with the best interests of the child regarding placement, visitation, and 

appropriate services

• Prepare written reports to be distributed to the parties of the action

• Monitor the case to ensure that the child’s essential needs are met and that the terms of the court’s orders are 

fulfilled

How the Representative Is Compensated

Rev. Stat. § 13-91-105; 13-91-106

The OCR shall establish fair and realistic State rates by which to compensate State-appointed GALs that will take into 

consideration the caseload limitations placed on GALs and that will be sufficient to attract and retain high-quality, 

experienced attorneys to serve as GALs.

There is hereby created in the State treasury the Guardian ad Litem Fund. The money in the fund shall be subject 

to annual appropriation by the general assembly to the State Judicial Department for allocation to the OCR for the 

provision of GAL services in Colorado. 

There is also created in the State treasury the Court-Appointed Special Advocate (CASA) Fund. The money in the fund 

shall be subject to annual appropriation by the general assembly to the State Judicial Department for allocation to the 

OCR for the purposes of funding the CASA programs established in each judicial district or in adjacent judicial districts, 

and the work of the OCR relating to the enhancement of CASA programs.
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Connecticut

Making the Appointment

Gen. Stat. § 46b-129a

Effective July 1, 2011: In proceedings in the Superior Court for a neglected, uncared-for, or dependent child under 

§ 46b-129, the child shall be represented by counsel knowledgeable about representing such children who shall be 

assigned to represent the child by the office of Chief Public Defender, or appointed by the court if there is an immediate 

need for the appointment of counsel during a court proceeding. The court shall give the parties prior notice of such 

assignment or appointment. Counsel for the child shall act solely as attorney for the child.

If a child requiring assignment of counsel in a dependency proceeding is represented by an attorney for a minor child 

in an ongoing probate or family matter proceeding, the court may appoint the attorney to represent the child in the 

dependency proceeding provided that the counsel is knowledgeable about representing such children, and the court 

notifies the office of Chief Public Defender of the appointment. Any child who is subject to an ongoing probate or family 

matters proceeding who has been appointed a guardian ad litem (GAL) in such proceeding shall be assigned a separate 

GAL in a dependency proceeding if it is deemed necessary.

The Use of Court-Appointed Special Advocates (CASAs)

This issue is not addressed in the statutes reviewed.

Qualifications/Training

Gen. Stat. § 51-296

Effective July 1, 2011: The Division of Public Defender Services shall provide legal services and GALs to children, youth, 

and indigent respondents:

• In family relations matters in which the State has been ordered to pay the cost of such legal services

• In proceedings before the superior court for juvenile matters

To carry out these requirements, the office of Chief Public Defender may contract with:

• Appropriate not-for-profit legal services agencies

• Individual lawyers or law firms for the delivery of legal services to represent children

• Mental health professionals as GALs in family relations matters

Any contract entered into pursuant to this subsection may include terms encouraging or requiring the use of a 

multidisciplinary agency model of legal representation.

The division shall establish a system to ensure that attorneys providing legal services are assigned to cases in a manner 

that will avoid conflicts of interest, as defined by the Rules of Professional Conduct.

The division shall establish training, practice, and caseload standards for the representation of children. The standards 

shall apply to each attorney who represents children and shall be designed to ensure high-quality legal representation. 

The training standards for attorneys required by this subdivision shall be designed to ensure proficiency in the procedural 

and substantive law related to such matters and to establish a minimum level of proficiency in relevant subject areas 

including, but not limited to, family violence, child development, behavioral health, educational disabilities, and cultural 

competence.
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Specific Duties

Gen. Stat. § 46b-129a

Effective July 1, 2011: The primary role of any counsel for the child shall be to advocate for the child in accordance with 

the Rules of Professional Conduct.

If the court, based on evidence before it, or counsel for the child, determines that the child cannot act adequately in his 

or her own best interests, and the child’s wishes, as determined by counsel, if followed, could lead to substantial physical, 

financial, or other harm to the child unless protective action is taken, counsel may request and the court may order that 

a separate GAL be assigned for the child. In that case the court shall either appoint a GAL to serve on a voluntary basis 

or notify the office of Chief Public Defender who shall assign a separate GAL for the child. The GAL shall conduct an 

independent investigation of the case and may present information that is pertinent to the court’s determination of the 

best interests of the child at any hearing. The GAL shall be subject to cross-examination upon the request of opposing 

counsel. 

The GAL is not required to be an attorney-at-law but shall be knowledgeable about the needs and protection of children 

and relevant court procedures. If a separate GAL is assigned, the person previously serving as counsel for the child shall 

continue to serve as counsel for the child and a different person shall be assigned as GAL, unless the court for good 

cause also determines that a different person should serve as counsel for the child, in which case the court shall notify the 

office of Chief Public Defender who shall assign a different person as counsel for the child. No person who has served as 

both counsel and GAL for a child shall thereafter serve solely as the child’s GAL.

How the Representative Is Compensated

Gen. Stat. §§ 46b-129a; 51-291

Effective July 1, 2011: The counsel and GAL’s fees, if any, shall be paid by the office of Chief Public Defender unless the 

parents, guardian, or the estate of the child are able to pay, in which case the court shall assess the rate the parent or 

guardian is able to pay and the office of Chief Public Defender may seek reimbursement for the costs of representation 

from the parents, guardian, or estate of the child.

The Chief Public Defender shall:

• Maintain one or more lists of trial lawyers who may be available to represent parents or guardians and children in 

child protection and family relations matters from which lawyers shall be selected by a judge of the court before 

which the matter is to be heard

• Establish compensation for lawyers assigned to these cases for their services, to be paid from the budget of the 

Public Defender Services Commission

Delaware

Making the Appointment

Ann. Code Tit. 29, § 9007A; Tit. 31, §§ 3605; 3607

In determining whether to represent an abused, neglected or dependent child, the Office of the Child Advocate may 

communicate with any child at issue and may have access to all information relating to that child held or maintained 

by the department and/or the Family Court. If the Office determines that a child needs guardian ad litem (GAL) 

representation, the court shall sign an order appointing the designated attorney as attorney GAL.

In the event that the Family Court judge determines that an attorney GAL should be appointed, the judge shall make the 

appointment. The appointment shall last until the attorney GAL is released from responsibility by order of the court, or 

until the attorney GAL’s commitment to the court ends.

In the event that the Family Court judge determines that a court-appointed special advocate (CASA) should be 

appointed, the Family Court judge shall sign an order appointing the CASA as GAL.

For the purposes of a Child Abuse Prevention and Treatment Act [42 U.S.C. § 5106, et seq.] grant to the State under 

Public Law 93-247 or any related State or Federal legislation, the CASA shall be deemed a GAL to represent the best 

interests of the minor in proceedings before the court. No bond shall be required from any CASA who serves as a GAL 

under this chapter. 
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The Use of Court-Appointed Special Advocates (CASAs)

Ann. Code Tit. 31, §§ 3603; 3605

There is hereby established a Court-Appointed Special Advocate Program within the Family Court. The program will 

include coordinators who will be members of the staff of the Family Court. The coordinators will be responsible for the 

day-to-day operations of the program and will provide direct supervision to the CASAs.

The program will include contract attorneys who will provide legal representation and advice for the CASAs and for the 

CASA Program. The program attorneys will be selected by the chief judge of the Family Court.

The program will include volunteers to serve as CASAs at the pleasure of the chief judge of the Family Court. The CASA 

may be appointed in child welfare proceedings or any other proceeding, as deemed appropriate by a Family Court 

judge.

The CASA shall have the authority to review all documents and interview all pertinent persons having significant 

information relating to the child and the child’s life circumstances. 

The appointment shall last until the CASA is released from responsibility by order of the court, or until the CASA’s 

commitment to the court ends.

The CASA shall be a party to any child welfare proceeding or any other proceeding to which the CASA has been 

appointed and the child is the subject, and shall possess all the procedural and substantive rights of a party.

Qualifications/Training

Ann. Code Tit. 29, § 9007A; Tit. 31, § 3604

The attorney GAL shall be trained by the Office of the Child Advocate or complete a course approved by the office 

prior to representing any child before the court. The attorney GAL shall be required to participate in ongoing training 

regarding child welfare.

CASAs shall be individuals who have demonstrated an interest in children and their welfare. CASAs must be willing 

to participate in a training course conducted by the Family Court and in ongoing training and supervision throughout 

their involvement in the program. Additionally, applicants to become CASAs must submit to background checks and 

participate in interviews to determine their fitness for these responsibilities. Upon recommendation of the CASA 

coordinator, the chief judge of the Family Court will make a final determination regarding a person’s participation in the 

program. 

The CASA must be willing to commit to the court for 1 year of service. At the end of each year of service, the CASA, with 

the approval of the coordinator, may recommit for another year.

CASAs will have no associations that would create a conflict of interest with their duties as CASAs.

Qualified adults shall not be discriminated against based upon sex, socioeconomic, religious, racial, ethnic, or age 

factors.

Specific Duties

Ann. Code Tit. 29, § 9007A

The attorney GAL’s duty is to the child and to represent the child’s best interests. As such, the attorney GAL shall:

• Represent the best interests of the child in all child welfare proceedings

• Conduct an independent investigation of the circumstances of the case that shall include, but not be limited to, 

interviews and/or observations of the child and relevant individuals, as well as a review of all relevant records and 

reports 

• Present evidence to the court

• Receive notice of every court proceeding and receive copies of every pleading

• Participate in all depositions, negotiations, discovery, pretrial conferences, hearings, and appeals

• Have access to all records regarding the child and his or her family maintained by the Division of Family Services

• Monitor cases to ensure that the terms of the court’s orders are fulfilled and permanency for the child is achieved

• Receive reasonable notice from the division of changes in placement, school, or any other change of 

circumstances affecting the child
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Specific Duties (Cont.)

Ann. Code Tit. 29, § 9007A

• Receive reasonable notice from the division of any founded complaint involving:

» The child when the child is the alleged victim

» The residence in which the child lives

» The home-based daycare that the child attends 

• Request a hearing before the court when the plan on behalf of the child is not implemented, is not meeting the 

child’s needs, or upon completion of an investigation

• Request any appropriate relief from the court on behalf of the child 

• Ascertain the wishes of the child and make the child’s wishes known to the court

If the attorney GAL concludes that the child’s wishes differ from the position of the attorney GAL, he or she will notify the 

court of the conflict.

How the Representative Is Compensated

Ann. Code Tit. 29, § 9007A

The attorney shall be employed, contracted, and/or appointed by the Office of the Child Advocate.

District of Columbia

Making the Appointment

Ann. Code § 16-2304

In every case involving a neglected child that results in a judicial proceeding, including the termination of the parent and 

child relationship, the Superior Court shall appoint a guardian ad litem (GAL) who is an attorney to represent the child in 

the proceedings.

The Use of Court-Appointed Special Advocates (CASAs)

This issue is not addressed in the statutes reviewed.

Qualifications/Training

Ann. Code § 16-2304; D.C. Sup. Ct. CAN Att. Prac. Stds., Admin. Order 03-07, 2-28-03, at A-1 

The GAL shall be an attorney.

Prerequisites for appointments and training: Counsel shall accept an appointment or otherwise appear in child abuse 

and neglect proceedings only if they are knowledgeable of substantive and procedural child abuse and neglect laws 

and have participated in the required training programs. Counsel must certify, in writing, that he or she has read and 

understands these standards, the District of Columbia Rules of Professional Conduct, the Superior Court Rules, and 

statutes governing neglect proceedings. Prior to an initial appointment, all counsel must receive certification of training 

that includes classroom instruction as well as courtroom observation. Further, to be eligible to receive an appointment, 

counsel must obtain a Certificate of Discipline from the District of Columbia Bar Counsel. This certificate shall be 

presented to the Counsel for Child Abuse and Neglect (CCAN) director. Each year, all counsel on the CCAN eligibility list 

must attend 16 hours of continuing formal CCAN training on abuse and neglect-related topics to continue to represent 

parties in child abuse and neglect proceedings.

Specific Duties

Ann. Code § 16-2304

The GAL shall in general be charged with the representation of the child’s best interests.
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How the Representative Is Compensated

Ann. Code § 16-2236.01

An attorney who is appointed to serve as GAL for a child who is the subject of a neglect proceeding shall, at the end of 

the representation or at the end of a segment of the representation, be compensated at a rate not less than the hourly 

rates established in D.C. Code § 11-2604. The attorney may also make a claim for expenses reasonably incurred during 

the course of the representation.

Compensation shall be subject to the following limitations: 

• For all proceedings from initial hearing through disposition, the maximum compensation shall be $1,600.

• For all subsequent proceedings other than termination of parental rights, the maximum compensation shall be 

$1,600 per year.

• For proceedings to terminate parental rights, the maximum compensation shall be $2,200.

A separate claim for compensation and reimbursement shall be made to the Superior Court of the District of Columbia 

for representation before that court, and to the Court of Appeals for representation before the Court of Appeals. Each 

claim shall be supported by a sworn written statement specifying the time expended, services rendered, and expenses 

incurred while the case was pending before the court, and the compensation and reimbursement applied for or 

received in the same case from any other source. The Superior Court or Court of Appeals shall fix the compensation and 

reimbursement to be paid to the attorney.

Florida

Making the Appointment

Ann. Stat. §§ 39.822; 39.820; 39.4085, Fla. R. Juv. P. Rule 8.217(a) 

A guardian ad litem (GAL) shall be appointed by the court at the earliest possible time to represent the child in any child 

abuse, abandonment, or neglect judicial proceeding, whether civil or criminal. 

A GAL can be any of the following:

• A certified GAL program member

• A duly certified volunteer

• A staff attorney, contract attorney, or certified pro bono attorney working on behalf of a GAL program

• A staff member of a program office

• A court-appointed attorney 

• A responsible adult who is appointed by the court to represent the best interests of a child involved in a 

proceeding

The legislature establishes the following goals for children in shelter or foster care: to have a GAL appointed to 

represent, within reason, their best interests and, where appropriate, an attorney ad litem appointed to represent their 

legal interests.

At any stage of the proceedings, any party may request or the court may consider whether an attorney ad litem is 

necessary to represent any child alleged to be dependent, if one has not already been appointed.

The Use of Court-Appointed Special Advocates (CASAs)

This issue is not addressed in the statutes reviewed.
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Qualifications/Training

Ann. Stat. §§ 39.821; 39.8296; 39.0139(4)(a) 

The Guardian Ad Litem Program shall conduct a security background investigation before certifying a volunteer to serve. 

A security background investigation must include, but need not be limited to:

• Employment history checks

• Checks of references

• Local criminal records checks through local law enforcement agencies

• Statewide criminal records checks through the Department of Law Enforcement

A security background investigation conducted under this section must ensure that a person is not certified as a GAL if 

the person has an arrest awaiting final disposition for, been convicted of (regardless of adjudication), entered a plea of 

nolo contendere or guilty to, or been adjudicated delinquent and the record has not been sealed or expunged for, any 

offense prohibited under § 435.04. All applicants certified on or after July 1, 2010, must undergo a level 2 background 

screening pursuant to chapter 435 before being certified to serve as a GAL.

In analyzing and evaluating the information obtained in the security background investigation, the program must give 

particular emphasis to activities involving children, including, but not limited to, child-related criminal offenses or child 

abuse.

This section does not apply to a GAL who was certified before October 1, 1995, an attorney who is a member in 

good standing of the Florida Bar, or a licensed professional who has undergone a comparable security background 

investigation as a condition of licensure within 5 years of applying for certification as a GAL.

A training program shall be developed by the Statewide Guardian Ad Litem Office. 

Attorneys ad litem appointed pursuant to the Keeping Children Safe Act, specifically pertaining to sexual abuse, shall 

have special training in the dynamics of child sexual abuse.

Specific Duties

Ann. Stat. § 39.822 

The GAL shall be allowed to inspect and copy any records related to the best interests of the child who is the subject 

of the appointment including, but not limited to, confidential records. These records include, but are not limited to, 

medical, mental health, substance abuse, child care, education, law enforcement, court, social services, and financial 

records.

The GAL shall review all disposition recommendations and changes in placements, and he or she must be present at 

all critical stages of the dependency proceeding or submit a written report of recommendations to the court. Written 

reports must be filed with the court and served on all parties whose whereabouts are known at least 72 hours prior to the 

hearing. 

How the Representative Is Compensated

Ann. Stat. § 39.822 

In cases in which the parents are financially able, the parent or parents of the child shall reimburse the court, in part or 

in whole, for the cost of provision of GAL services. Reimbursement to the individual providing GAL services shall not be 

contingent upon successful collection by the court from the parent or parents.
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Georgia

Making the Appointment

Ann. Code §§ 15-11-9; 15-11-6(b); 15-11-98(a) 

At any stage of a proceeding under this article, on application of a party, or on its own motion, the court shall appoint 

a guardian ad litem (GAL) for a child who is a party to the proceeding if the child has no parent, guardian, or custodian 

appearing on the child’s behalf or if the interests of the parent, guardian, or custodian appearing on the child’s behalf 

conflict with the child’s interests or in any other case in which the interests of the child require a guardian. A party to the 

proceeding or the employee or representative of a party to the proceeding shall not be appointed. 

Except as otherwise provided, a party is entitled to representation by legal counsel at all stages of any proceedings 

alleging deprivation and if, as an indigent person, a party is unable to employ counsel, he or she is entitled to have 

the court provide counsel for him or her. Counsel must be provided for a child not represented by the child’s parent, 

guardian, or custodian. If the interests of two or more parties conflict, separate counsel shall be provided for each of 

them. 

In any proceeding for terminating parental rights or any rehearing or appeal thereon, the court shall appoint an attorney 

to represent the child as the child’s counsel and may appoint a separate GAL or a GAL who may be the same person as 

the child’s counsel.

The Use of Court-Appointed Special Advocates (CASAs)

Ann. Code § 15-11-9.1

A court-appointed special advocate (CASA) is a community volunteer who:

• Has been screened and trained regarding deprivation, child development, and juvenile court procedures 

• Has met all of the requirements of an affiliate CASA program 

• Is being actively supervised by an affiliate CASA program

• Has been appointed as a lay GAL by the court in a juvenile court deprivation proceeding 

Before executing duties as a CASA, and upon completion of all the requirements of an affiliate CASA program, a CASA 

shall be sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes to serve. A CASA shall 

not be assigned a case prior to being sworn in by a juvenile court judge.

If a juvenile court judge determines that a child involved in a deprivation proceeding needs a CASA, the judge shall have 

the authority to appoint a CASA, and in such circumstance shall sign an order appointing a CASA at the earliest possible 

stage of the proceedings. This order shall impose on a CASA all the duties, rights, and responsibilities set forth in this 

section.

Qualifications/Training

Ann. Code § 15-11-9

In deprivation cases, before a person is appointed as a child’s GAL, he or she must have received training appropriate 

to the role that is administered or approved by the Office of the Child Advocate. For attorneys, the preappointment 

training shall be satisfied within attorneys’ existing continuing legal education obligations and shall not require attorneys 

to complete training hours in addition to those currently required by the State Bar of Georgia. 

The Office of the Child Advocate shall exempt from the training required by this section attorneys who have practiced as 

GALs in juvenile court deprivation proceedings for 3 or more years and, when such determination is made by the court, 

have demonstrated a proficiency in child representation.
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Specific Duties

Ann. Code § 15-11-9.1

The role of a CASA shall be to advocate for the best interests of the child. In all cases to which a CASA is assigned, 

except as ordered by the judge, a CASA shall:

• Conduct an independent assessment to determine the facts and circumstances surrounding the case 

• Maintain regular and sufficient in-person contact with the child

• Submit written reports to the court regarding the child’s best interests

• Advocate for timely court hearings to obtain permanency for the child

• Request a judicial citizen review panel or judicial review of the case 

• Collaborate with the child’s attorney, if any

• Attend all court hearings and other proceedings to advocate for the child’s best interests

• Monitor compliance with the case plan and all court orders

• Review all court-related documents

As a lay GAL, a CASA shall not be required to:

• Engage in activities that reasonably could be construed as the practice of law

• Obtain legal counsel or other professional services for a child

A CASA shall be notified of all court hearings, judicial reviews, judicial citizen review panels, and other significant 

changes of circumstances of the child’s case to the same extent and in the same manner as the parties to the case are 

notified of such matters. A CASA shall be notified of the formation of any case plan for the child and may be given the 

opportunity to be heard by the court about such plans.

Upon presentation of an order appointing a CASA as a guardian ad litem (GAL), the CASA shall have access to all 

records and information relevant to the child’s case.

How the Representative Is Compensated

Ann. Code § 15-11-8

Reasonable compensation for a GAL shall be a charge upon the funds of the county upon certification thereof by the 

court. 

If, after due notice to the parents or other persons legally obligated to care for and support the child, and after affording 

them an opportunity to be heard, the court finds that they are financially able to pay all or part of the costs and expenses 

related to the provision of GAL services, the court may order them to pay the fees and prescribe the manner of payment. 

Guam

Making the Appointment

Ann. Code Tit. 19, §§ 13101; 13308 

A guardian ad litem (GAL) is a person appointed by the court whose role is to protect and promote the needs and 

interests of the child.

The court shall appoint a GAL for the child to serve throughout the pendency of the child protective proceeding. A 

GAL’s appointment shall terminate automatically upon an award of permanent custody of the child by the court, unless 

otherwise ordered by the court. 

If the child’s expressed wishes are not in agreement with the GAL’s determination of the child’s best interests, the court 

shall evaluate the necessity for appointing special counsel for the child to serve as the child’s legal advocate concerning 

those issues and during the proceedings as the court deems to be in the best interests of the child.

The Use of Court-Appointed Special Advocates (CASAs)

This issue is not addressed in the statutes reviewed.

Qualifications/Training

This issue is not addressed in the statutes reviewed.
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Specific Duties

Ann. Code Tit. 19, § 13308 

The GAL shall report to the court in writing at 6-month intervals, or as otherwise ordered by the court, regarding his 

or her activities on behalf of the child and offer recommendations concerning the manner in which the court should 

proceed in the best interests of the child. In addition, the GAL shall make face-to-face contact with the child in the child’s 

family or foster home at least once every 3 months. The GAL shall also inform the court of the child’s perceived interests 

if they differ from those being advocated by the child’s GAL. 

A GAL shall:

• Be allowed access to the child by the caregivers of the child whether the caregivers are individuals, authorized 

agencies, or health-care providers

• Have the authority to inspect and receive copies of any records, notes, and electronic recordings concerning the 

child that are relevant to the child protection proceedings without the consent of the child or individuals and 

authorized agencies who have control of the child

• Be given notice of all hearings and proceedings, civil or criminal (including, but not limited to, grand juries) 

involving the child and shall protect the best interests of the child at those proceedings or hearings, unless 

otherwise ordered by the court

How the Representative Is Compensated

Ann. Code Tit. 19, § 13308 

The GAL or counsel shall be paid for by the court. The court may order the appropriate parties to pay reimbursement to 

the court for the costs and fees of the GAL and other counsel appointed for the child. 

Hawaii

Making the Appointment

Rev. Stat. § 587A-16

The court shall appoint a guardian ad litem (GAL) to serve the child throughout the pendency of the child protective 

proceedings. 

If the child’s opinions and requests differ from those being advocated by the GAL, the court shall evaluate and determine 

whether it is in the child’s best interests to appoint an attorney to serve as the child’s legal advocate concerning such 

issues and during the proceedings as the court deems to be in the best interests of the child.

The Use of Court-Appointed Special Advocates (CASAs)

This issue is not addressed in the statutes reviewed.

Qualifications/Training

This issue is not addressed in the statutes reviewed.
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Specific Duties

Rev. Stat. § 587A-16 

A GAL shall, unless otherwise ordered by the court:

• Have access to the child

• Have the authority to inspect and receive copies of any records, notes, and electronic recordings concerning the 

child that are relevant to the case

• Be given notice of all hearings and proceedings involving the child, whether civil or criminal, including grand 

juries, and shall protect the best interests of the child

• Make face-to-face contact with the child in the child’s family home or resource family home at least once every 3 

months

• Report to the court and all parties in writing at 6-month intervals, or as ordered by the court, regarding actions 

taken to ensure the child’s best interests, and recommend how the court should proceed in the best interests of 

that child

• Inform the court of the child’s opinions and requests

The authority to inspect and receive copies of records shall exist even without the consent of the child or individuals and 

authorized agencies that have control of the child, except that nothing in this section shall override any attorney-client or 

attorney work product privilege. 

How the Representative Is Compensated

Rev. Stat. §§ 587A-16; 571-87

The fees and costs of a GAL appointed pursuant to this section may be paid by the court unless the party for whom 

counsel is appointed has an independent estate sufficient to pay such fees and costs. The court may order the 

appropriate parties to pay or reimburse the fees and costs of the GAL and any attorney appointed for the child.

Appointed counsel and the GAL shall receive reasonable compensation for necessary expenses, including travel, the 

amount of which shall be determined by the court, and reasonable fees. All of these expenses and fees shall be certified 

by the court and paid upon vouchers approved by the judiciary and warrants drawn by the comptroller.

The court shall determine the amount of reasonable compensation paid to appointed counsel and GAL, based on the 

following rates:

• $90 an hour for in-court services provided by an attorney licensed to practice law in the State

• $60 an hour for:

» Out-of-court services provided by a licensed attorney

» All services provided by a person who is not a licensed attorney, whether performed in court or out of court 

The maximum allowable fee shall not exceed the following schedule: 

• Predisposition: $3,000 

• Postdisposition review hearing: $1,000

Payments in excess of any maximum provided for above may be made when the court in which the representation 

was rendered certifies, based upon representations of extraordinary circumstances attested to by the applicant, that 

the amount of the excess payment is necessary to provide fair compensation in light of those circumstances, and the 

payment is approved by the administrative judge of that court. 
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Idaho

Making the Appointment

Ann. Code § 16-1614 

In any child protection proceeding the court shall appoint a guardian ad litem (GAL) for the child or children to serve 

at each stage of the proceeding. In appropriate cases the court shall appoint counsel to represent the guardian, and in 

appropriate cases, may appoint separate counsel for the child.

If a court does not have available to it a GAL program or a sufficient number of GALs, the court shall appoint separate 

counsel for the child. For a child under age 12, the attorney will have the powers and duties of a GAL. For a child age 12 

or older, the court may order that the counsel act with or without the powers and duties of a GAL.

The Use of Court-Appointed Special Advocates (CASAs)

This issue is not addressed in the statutes reviewed.

Qualifications/Training

Ann. Code § 16-1632

Under rules, policies and procedures adopted by the Idaho Supreme Court, a judicial district may establish, maintain, 

and coordinate a districtwide GAL program that will: 

• Furnish administrative and staffing services 

• Act as a coordinator for providing GALs for children needing them

• Establish a program for attorneys to represent GALs

• To the extent possible, establish a districtwide program to recruit volunteer GALs sufficient to provide services in 

each county of the judicial district

• Develop uniform criteria to screen, select, train, and remove GALs

• Establish a priority list of the proceedings in which a GAL shall be appointed in districts where there are insufficient 

numbers of GALs

The coordinators and staff members of any GAL program and any persons volunteering to serve as GALs shall submit 

to a fingerprint-based criminal history check through any law enforcement office in the State providing such service. The 

criminal history check shall include a statewide Criminal Identification Bureau check, Federal Bureau of Investigation 

criminal history check, and statewide sex offender registry check. A record of all background checks shall be maintained 

in the Office of the Supreme Court with a copy going to the applicant.

Specific Duties

Ann. Code §§ 16-1633; 16-1634

The GAL shall advocate for the best interests of the child and shall have the following duties:

• To conduct an independent investigation of the circumstances of the child

• To file with the court prior to any hearing a written report of the results of the investigation, the GAL’s 

recommendations, and any other information the court may require

• To act as an advocate for the child

• To participate fully in the proceedings 

• To confer with the child, the child’s siblings and parents, and any other person having information relevant to the 

case

• To monitor the circumstances of a child and to ensure that the terms of the court’s orders are fulfilled and remain 

in the best interests of the child

• To maintain the confidentiality of all information regarding the case

• Other duties as ordered by the court
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Specific Duties (Cont.)

Ann. Code §§ 16-1633; 16-1634 

In all postadjudicatory reports, the GAL shall inquire of any child capable of expressing his or her wishes regarding 

permanency and, when applicable, the transition from foster care to independent living and include the child’s express 

wishes in the report to the court. The GAL’s written report shall be delivered to the court, with copies to all parties to the 

case, at least 5 days before the date of the hearing. The report submitted prior to the adjudicatory hearing shall not be 

admitted into evidence at the hearing and shall be used by the court only for disposition of the child.

If represented by counsel, the GAL may file pleadings, motions, memoranda, and briefs on behalf of the child, and 

shall have all of the rights of a party. All parties to the case shall promptly notify the GAL and the GAL’s attorney of all 

hearings, staffings, investigations, depositions, and significant changes of circumstances of the child.

Except as prohibited by Federal or State law, any person or agency shall permit the GAL to inspect and copy pertinent 

records relating to the child and parent without consent of the child or parents.

If represented by counsel, the GAL may file pleadings, motions, memoranda, and briefs on behalf of the child, and 

shall have all of the rights of a party. All parties to the case shall promptly notify the GAL and the GAL’s attorney of all 

hearings, staffings, investigations, depositions, and significant changes of circumstances of the child.

Except as prohibited by Federal or State law, any person or agency shall permit the GAL to inspect and copy pertinent 

records relating to the child and parent without consent of the child or parents.

How the Representative Is Compensated

Ann. Code §§ 16-1614; 16-1638

Counsel appointed for the child shall be paid for by the county unless the party for whom counsel is appointed has an 

independent estate sufficient to pay such costs.

There shall be GAL account in the agency asset fund in the State Treasury. The account shall consist of:

• Moneys appropriated to the account

• Donations, gifts, and grants to the account from any source

• Any other moneys that may hereafter be provided by law

Moneys in the account may be expended for the purposes provided in §§ 16-1632 through 16-1638. Interest earned on 

the investment of idle money in the GAL account shall be returned to the GAL account.

Disbursements of moneys from the account shall be by appropriation from the legislature to the Supreme Court. The 

moneys shall be used for the payment of grants to qualified recipients and for expenses incurred for carrying out the 

provisions of this chapter. 

Illinois

Making the Appointment

Comp. Law Ch. 705, §§ 405/2-17; 405/1-5 

Immediately upon the filing of a petition alleging that the child is an abused, neglected, or dependent minor, the court 

shall appoint a guardian ad litem (GAL) for the child.

The court may appoint a GAL for the child when it finds that there may be a conflict of interest between the child and his 

or her parents or other custodian or that it is otherwise in the child’s best interests to do so. 

A GAL shall be appointed to represent the best interests of the child. Unless the GAL is an attorney, he or she shall be 

represented in the performance of his or her duties by counsel. 

If a GAL has been appointed for the minor under § 2-17 of this act, and the GAL is a licensed attorney of this State, or in 

the event that a court-appointed special advocate (CASA) has been appointed as GAL and counsel has been appointed 

to represent the CASA, the court may not require the appointment of counsel to represent the minor unless the court 

finds that the minor’s interests are in conflict with what the GAL determines to be in the best interest of the minor.
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The Use of Court-Appointed Special Advocates (CASAs)

Comp. Law Ch. 705, § 405/2-17.1

The court may appoint a special advocate upon the filing of a petition alleging child abuse or neglect or at any time 

during the pendency of a proceeding resulting from this petition. Except in counties with a population over 3 million, the 

CASA may also serve as GAL.

The CASA shall act as a monitor and shall be notified of all administrative case reviews pertaining to the child and work 

with the parties’ attorneys, the GAL, and others assigned to the child’s case to protect the child’s health, safety, and best 

interests and ensure the proper delivery of child welfare services. The court may consider, at its discretion, testimony of 

the CASA pertaining to the well-being of the child.

CASAs shall serve as volunteers without compensation and shall receive training consistent with nationally developed 

standards. No person convicted of a criminal offense as specified in Section 4.2 of the Child Care Act of 1969 [225 ILCS 

10/4.2] and no person identified as a perpetrator of an act of child abuse or neglect as reflected in the Department of 

Children and Family Services State Central Register shall serve as a CASA.

The court may remove the CASA or the GAL from a case upon finding that the CASA or the GAL has acted in a manner 

contrary to the child’s best interests or if the court otherwise deems continued service is unwanted or unnecessary.

Qualifications/Training

Comp. Law Ch. 705, § 405/2-17 

In counties with a population of 100,000 or more but less than 3 million, each GAL must successfully complete a training 

program approved by the Department of Children and Family Services. The department shall provide training materials 

and documents to GALs who are not mandated to attend the training program. 

The department shall develop and distribute to all GALs a bibliography containing information including, but not limited, 

to the juvenile court process, termination of parental rights, child development, medical aspects of child abuse, and the 

child’s need for safety and permanence.

Specific Duties

Comp. Law Ch. 705, § 405/2-17

The GAL shall represent the best interests of the minor and shall present recommendations to the court consistent with 

that duty.

The GAL shall receive copies of any and all classified reports of child abuse and neglect about the child he or she has 

been appointed to represent.

The GAL shall remain the child’s GAL throughout the entire juvenile trial court proceedings, including permanency 

hearings and termination of parental rights proceedings, unless there is a substitution entered by order of the court.

The GAL or an agent of the GAL shall have a minimum of one in-person contact with the child and one contact with one 

of the current foster parents or caregivers, as follows:

• Prior to the adjudicatory hearing

• After the adjudicatory hearing but prior to the first permanency hearing

• Each subsequent year that the child remains in care

For good cause shown, the judge may excuse face-to-face interviews required in this subsection.

How the Representative Is Compensated

Comp. Law Ch. 705, §§ 405/2-17; 405/2-17.1

The reasonable fees of a GAL shall be fixed by the court and charged to the parents of the child to the extent they are 

able to pay. If the parents are unable to pay those fees, they shall be paid from the general fund of the county. 

All costs associated with the appointment and duties of the CASA shall be paid by the CASA or an organization of courtappointed special advocates. In no event shall the CASA be liable for any costs of services provided to the child.
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Indiana

Making the Appointment

Ann. Stat. §§ 31-32-3-1; 31-9-2-43.2; 31-32-3-2; 31-32-3-3; 31-32-3-4; 31-34-10-3

The juvenile court may appoint a guardian ad litem (GAL) or court-appointed special advocate (CASA), or both, for the 

child at any time.

Effective July 1, 2011: The juvenile court may appoint an early intervention advocate for a child who is participating in 

a preventative program for at-risk children that has been established by the court. An ‘early intervention advocate’ is a 

volunteer or staff member of a preventative program who is appointed by the court as an officer of the court to assist, 

represent, and protect the interests of at-risk children.

A court may not appoint a party to the proceedings, an employee of a party to the proceedings, or a representative of a 

party to the proceedings as the GAL or CASA for a child involved in the proceedings.

A GAL or CASA need not be an attorney, but the attorney representing the child may be appointed the child’s GAL or 

CASA.

The GAL or CASA may be represented by an attorney. 

Before complying with the other requirements of this chapter, the juvenile court shall first determine whether the 

following conditions make it appropriate to appoint a GAL or CASA, or both, for the child: 

• The child is alleged to be a child in need of services due to abuse, neglect, or abandonment.

• The parent, guardian, or custodian of a child denies the allegations of a child in need of services petition.

The Use of Court-Appointed Special Advocates (CASAs)

Ann. Stat. § 31-9-2-28

A CASA is a community volunteer who:

• Has completed a training program approved by the court

• Has been appointed by a court to represent and protect the best interests of a child

• May research, examine, advocate, facilitate, and monitor a child’s situation

Qualifications/Training

Ann. Stat. § 31-9-2-50

A GAL who is not an attorney must complete the same court-approved training program that is required for a CASA.

Specific Duties

Ann. Stat. §§ 31-9-2-50; 31-32-3-6; 31-32-3-7; 31-32-3-8

A GAL is an attorney, a volunteer, or an employee of a county program who is appointed by a court to:

• Represent and protect the best interests of a child

• Provide the child with services requested by the court, including researching, examining, advocating, facilitating, 

and monitoring the child’s situation

A GAL or CASA shall represent and protect the best interests of the child. The GAL or CASA, or both, shall be 

considered officers of the court for the purpose of representing the child’s interests.

A GAL or CASA serves until the juvenile court enters an order for discharge.

How the Representative Is Compensated

Ann. Stat. §§ 31-40-3-1; 31-40-3-2; 31-40-3-3

A juvenile court may order the parent or guardian of the estate of any child for whom a GAL or CASA is appointed to pay 

to the Probation Department a user fee of not more than $100 for deposit in:

• The GAL fund if a GAL has been appointed

• The CASA fund if a CASA has been appointed

The fiscal body of the county shall appropriate money from the GAL fund or the CASA fund to the juvenile courts to 

provide GAL or CASA services and the costs of representation for the GALs or CASAs.

Money remaining in the GAL fund or CASA fund at the end of the county’s fiscal year does not revert to any other fund 

but continues in the GAL fund or CASA fund. 
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Iowa

Making the Appointment

Ann. Stat. §§ 232.71C; 232.89

In every case involving child abuse that results in a child protective judicial proceeding, whether or not the proceeding 

arises under this chapter, a guardian ad litem (GAL) shall be appointed by the court to represent the child in the 

proceedings. A court-appointed special advocate (CASA) may be appointed to act as GAL. 

The Use of Court-Appointed Special Advocates (CASAs)

Ann. Stat. §§ 232.2(9); 232.126; 232.89

A CASA is a person duly certified by the child advocacy board created in § 237.16 for participation in the CASA program 

and appointed by the court to represent the interests of a child in any judicial proceeding to which the child is a party or 

is called as a witness or relating to any dispositional order involving the child resulting from such proceeding.

The court may appoint a CASA to act as GAL. The CASA shall receive notice of and may attend all depositions, hearings, 

and trial proceedings to support the child and advocate for the protection of the child. The CASA shall not be allowed to 

introduce evidence separately or to examine or cross-examine witnesses directly. 

The CASA shall submit a written report to the court and to each of the parties to the proceedings containing results of 

the CASA’s initial investigation of the child’s case including, but not limited to, recommendations regarding placement 

of the child and other recommendations based on the best interests of the child. The CASA shall submit subsequent 

reports to the court and parties as needed, detailing the continuing situation of the child’s case as long as the child 

remains under the jurisdiction of the court. In addition, the CASA shall file other reports to the court as required by the 

court.

Qualifications/Training

This issue is not addressed in the statutes reviewed.

Specific Duties

Ann. Stat. § 232.2(22)

The GAL is appointed by the court to represent the interests of a child in any judicial proceeding to which the child is a 

party. The duties of a GAL with respect to a child shall include the following:

• Conducting in-person interviews with the child, if the child’s age is appropriate, and interviewing each parent, 

guardian, or other person having custody of the child, if authorized by counsel

• Visiting the home, residence, or both home and residence of the child and any prospective home or residence of 

the child, including each time placement is changed

• Interviewing any person providing medical, mental health, social, educational, or other services to the child

• Obtaining firsthand knowledge, if possible, of the facts, circumstances, and parties involved in the case

• Attending any hearings pertaining to the case

• If the child is required to have a transition plan developed in accordance with the child’s case permanency plan, 

assisting the transition committee in development of the transition plan

The order appointing the GAL shall grant authorization to the GAL to interview any relevant person and inspect and copy 

any records relevant to the proceedings, if not prohibited by Federal law. The GAL may also attend any departmental 

staff meeting, case conference, or meeting with medical or mental health providers, service providers, organizations, or 

educational institutions regarding the child, if deemed necessary by the GAL.
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How the Representative Is Compensated

Ann. Stat. § 232.71C

Before a GAL is appointed, the court shall require the person responsible for the care of the child to complete, under 

oath, a detailed financial statement. If, on the basis of that financial statement, the court determines that the person 

responsible for the care of the child is able to bear the cost of the GAL, the court shall so order. In cases where the 

person responsible for the care of the child is unable to bear the cost of the GAL, the expense shall be paid out of the 

county treasury.

Kansas

Making the Appointment

Ann. Stat. § 38-2205

Upon the filing of a petition, the court shall appoint an attorney to serve as guardian ad litem (GAL) for a child who is the 

subject of the proceedings. When the child’s position is not consistent with the determination of the GAL as to the child’s 

best interests, a second attorney may be appointed to serve as attorney for the child.

The Use of Court-Appointed Special Advocates (CASAs)

Ann. Stat. § 38-2206

The court at any stage of a proceeding may appoint a special advocate for the child who shall serve until discharged by 

the court and whose primary duties shall be to advocate the best interests of the child and assist the child in obtaining a 

permanent, safe, and homelike placement. The court-appointed special advocate (CASA) shall have such qualifications 

and perform such specific duties and responsibilities as prescribed by rule of the Supreme Court.

Qualifications/Training

Ann. Stat. § 38-2205; KS Sup. Ct. Admin. Order 100

The GAL shall be an attorney.

A GAL should participate in prerequisite education prior to appointment. Areas of education should include: 

• Dynamics of abuse and neglect

• Roles and responsibilities

• Cultural awareness

• Communication and communication with children skills

• Information gathering and investigatory techniques

• Advocacy skills

• Child development

• Mental health and substance abuse issues

• Permanence and the law

• Community resources

• Professional responsibility

• Special education and school law

• The code for the care of children
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Specific Duties

Ann. Stat. § 38-2205

The GAL shall make an independent investigation of the facts upon which the petition is based and shall appear for and 

represent the best interests of the child. 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. The GAL or the child may request the 

court to appoint a second attorney to serve as attorney for the child, and the court, on good cause shown, may appoint 

such second attorney. The attorney for the child shall allow the child and the GAL to communicate with one another but 

may require such communications to occur in the attorney’s presence.

A GAL appointed to represent the best interests of a child or a second attorney appointed for a child shall continue to 

represent the child at all subsequent hearings in the proceedings, including any appellate proceedings, unless relieved 

by the court upon a showing of good cause or upon transfer of venue.

How the Representative Is Compensated

Ann. Stat. §§ 38-2205; 38-2215

An attorney appointed pursuant to this section shall be allowed a reasonable fee for services that may be assessed as an 

expense in the proceedings. 

The expenses for proceedings under this code, including fees and expenses approved by the court for appointed 

attorneys, shall be paid by the board of county commissioners from the general fund of the county. 

Kentucky

Making the Appointment

Rev. Stat. § 620.100

If the court determines, as a result of a temporary removal hearing, that further proceedings are required, the court 

shall advise the child and his or her parent or other person exercising custodial control or supervision of their right to 

appointment of separate counsel. 

The court shall appoint counsel for the child to be paid for by the Finance and Administration Cabinet. The clerk of 

the court shall arrange for service on all parties, including the local representative of the Cabinet for Health and Family 

Services, of the order appointing counsel. 

The court may, in the interest of justice, appoint a court-appointed special advocate (CASA) volunteer to represent the 

best interests of the child. The clerk of the court shall arrange for service on all parties, including the local representative 

of the Cabinet of Health and Family Services, of the order appointing the CASA volunteer.

The Use of Court-Appointed Special Advocates (CASAs)

Rev. Stat. § 620.505

Local CASA programs shall comply with the National CASA Association and Kentucky CASA Association Standards 

for Programs. Local programs shall ensure that CASA volunteers are adequately supervised by providing at least one 

supervisory staff person for every 30 CASA volunteers appointed by the court. Program requirements include: 

• CASA volunteers shall, as far as practicable, represent the socioeconomic, racial, and ethnic composition of the 

area served.

• CASA volunteers may be removed by the court for nonparticipation or other cause.

• All written CASA reports shall become part of the record of the child maintained by the Cabinet of Health and 

Family Services.

• Employees of the cabinet shall not become volunteers or employees of the CASA program.

• Each CASA volunteer shall take an oath, administered by a member of the Court of Justice, to keep confidential 

all information related to the appointed case except in conferring with or reports to the court, parties to the case, 

the cabinet, the Citizen Foster Care Review Board, others designated by the court, and as provided by law.

• CASA volunteers shall be appointed by the presiding judge to represent the best interests of the child, subject 

to judicial discretion, and only after confirmation from the director of the local CASA program that the CASA 

volunteer has been properly screened and trained.
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Qualifications/Training

Rev. Stat. § 620.515

A CASA volunteer shall meet the following minimum requirements:

• Be at least age 21 

• Be of good moral character

• Complete a written application providing the names of at least three references

• Submit to a personal interview with program staff

• Submit to a criminal record check

• Submit to a check of the child abuse and adult protection registry maintained by the Cabinet of Health and Family 

Services

If found acceptable, the applicant shall receive a minimum of 30 hours of initial training and take an oath of 

confidentiality administered by a family court judge or a district judge.

Specific Duties

Rev. Stat. § 620.525

The CASA volunteer shall:

• Attend all court hearings

• Submit a written report and recommendation to the judge for consideration in determining the best interests of 

the child at the dispositional hearing, dispositional review hearings, other hearings as requested by the court, and 

at least one report every 6 months for as long as the case is assigned to the CASA volunteer 

• Monitor the case by visiting the child as often as necessary to observe whether the child’s essential needs are 

being met and whether court orders are actually being carried out

• Participate in any treatment planning conferences and reviews involving the child to assess whether reasonable 

efforts are being made to provide services to the child and family and determine the appropriateness and 

progress of the child’s permanent plan

• Advocate a prompt, thorough review of the case if the child’s circumstances warrant the attention of the court 

• Interview parties involved in the case, including interviewing and observing the child 

• Maintain complete written records about the case

• Report any incidents of child or adult abuse or neglect to the appropriate authorities and to the program director

• Remain actively involved in the case until dismissed from the case by the program director or judge with 

competent jurisdiction, or when an adoption proceeding is finalized

• Return all case-related materials including, but not limited to, written notes, court reports, and agency documents, 

to the program director upon the request of the program director

• Work with the cabinet representatives to advocate the best interests of the child

How the Representative Is Compensated

Rev. Stat. § 620.100

Counsel for the child shall be paid for by the Finance and Administration Cabinet. The fee to be fixed by the court shall 

not exceed $500. However, if the action has final disposition in the District Court, the fee shall not exceed $250.
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Louisiana

Making the Appointment

Children’s Code Art. 607; 424.1

In every child in need of care proceeding, the court shall appoint qualified, independent counsel for the child, including 

a referral to the district public defender. If attorneys are available through the Child Advocacy Program, the court shall 

contact the office of the program and request the assignment of an attorney who shall be appointed. Neither the child 

nor anyone purporting to act on the child’s behalf may be permitted to waive this right.

The court is authorized in child in need of care proceedings to appoint a court-appointed special advocate (CASA) 

program to assist the court in fulfilling its duties and responsibilities to children brought into court.

Upon appointment, the CASA program shall designate the individual CASA volunteer for assignment to the child. The 

CASA volunteer shall have as his or her special duty and responsibility the advocacy of the best interests of the child 

involved in the juvenile proceeding to which he or she is assigned.

The Use of Court-Appointed Special Advocates (CASAs)

Children’s Code Art. 424.2; 424.1

To accomplish the assignment of a CASA volunteer, the court shall issue an order of assignment that shall grant the 

CASA volunteer the authority to review all relevant documents pursuant to Article 424.6 and to interview all parties and 

witnesses involved in the proceeding in which he or she is appointed.

Except as otherwise ordered by the court, the appointment of a CASA program for a child shall include subsequent 

proceedings through permanent placement of the child, including families in need of services or delinquency 

proceedings.

Qualifications/Training

Children’s Code Art. 116; 424.1; La. Sup. Ct. Rule XXXIII 

A CASA program is established in compliance with National CASA Association standards. A CASA volunteer has been 

trained in accordance with National CASA Association standards and is under the supervision of a CASA program.

The judge of the court will first satisfy himself or herself of the volunteer’s qualifications, training, and ability to serve as 

a CASA volunteer, including his or her ability to represent and advocate the best interests of children assigned to him or 

her. No volunteer shall be assigned until a comprehensive criminal background check has been conducted.

All CASA volunteers shall:

• Be sworn in by a judge of the court

• Swear or affirm to abide by all laws, regulations, and orders of the court

• Swear or affirm to advocate what he or she perceives to be in the best interests of the child for whom he or she is 

assigned in all matters pending before the court

Prior to appointment as counsel for children in child abuse and neglect proceedings, an attorney shall have the following 

qualifications: 

• The attorney shall have completed within the past 2 years a minimum of 8 hours of training or education relevant 

to child abuse and neglect cases, and/or shall have sufficient knowledge to satisfy the court of the attorney’s 

qualifications. 

• The attorney shall complete a minimum of 6 hours of approved continuing legal education each calendar year, 

and shall submit to the Supreme Court documentation of compliance no later than January 31 of the following 

calendar year.

• The requisite education shall include relevant law and jurisprudence, child development, child abuse and neglect, 

and the roles, responsibilities, and duties of independent counsel for children, including the Standards for 

Representation of Children.
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Specific Duties

Children’s Code Art. 424; 424.3; 424.4; 424.6; La. Sup. Ct. Rule XXXIII

The purpose of CASA is to advocate for timely placement of children in permanent, safe, and stable homes.

Under the supervision of the CASA program, it shall be the duty of a CASA volunteer to:

• Provide independent, factual information to the court regarding the children and cases to which they are assigned 

• Advocate on behalf of the children involved in the cases to which they are assigned what they perceive to be in 

the best interests of the children

• Monitor proceedings in cases to which they have been assigned and advise and assist the court in its 

determination of the best interests of the children involved

The CASA volunteer:

• Shall be notified by the court of all court proceedings and hearings of any kind pertaining to a child for whom he 

is assigned

• Shall be notified by the department of all administrative review hearings concerning the case to which he has 

been assigned

• Shall be entitled to attend all court proceedings and hearings of any kind pertaining to a child for whom he is 

assigned

• May be called as a witness in the proceedings by any party or by the court and may request of the court the 

opportunity to appear as a witness

• Shall be given access to all portions of the court record relating to proceedings pertaining to a child for whom he 

is assigned and to the child’s family

Counsel for a child should: 

• Obtain copies of all pleadings and notices

• Participate in discovery, negotiations, conferences, and hearings

• Inform other parties and counsel of the attorney’s representation and expectation of reasonable notice of any 

conferences and hearings and of any changes in circumstances affecting the child and the child’s family

• Avoid creating and attempt to reduce delays in the proceedings and advocate for timely permanence for the child

• Advise the child about the case, the child’s rights, the court system, the proceedings, counsel’s role, expectations 

of the legal process, the risks and benefits of possible courses of action, and other relief

• Determine the client’s desires and preferences in a developmentally appropriate and culturally sensitive manner

• Advocate for the desires and expressed preferences of the child and follow the child’s direction throughout the 

case in a developmentally appropriate manner

• Develop a theory and strategy for hearings

• Identify appropriate family and professional resources for the child

How the Representative Is Compensated

Children’s Code Art. 607; 424.1

If the court finds that the parents of the child are financially able, it may order the parents to pay some or all of the costs 

of the child’s representation by independent counsel.

CASA volunteers serve without compensation and at the pleasure of the court exercising juvenile jurisdiction. 
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Maine

Making the Appointment

Rev. Stat. Tit. 22, § 4005

In every child protection proceeding except a request for a preliminary protection order under § 4034 or a petition for 

a medical treatment order under § 4071, but including hearings on those orders, the court shall appoint a guardian ad 

litem (GAL) for the child. The appointment must be made as soon as possible after the proceeding is initiated. The term 

GAL is inclusive of lay court-appointed special advocates (CASA).

The GAL or the child may request the court to appoint legal counsel for the child.

The Use of Court-Appointed Special Advocates (CASAs)

Rev. Stat. Tit. 4, §§ 1501; 1503

There is established within the Administrative Office of the Courts of the Judicial Department the Court Appointed 

Special Advocate Program to provide volunteer lay persons to serve as CASAs or GALs in child abuse and neglect cases.

The director of the Court Appointed Special Advocate Program shall recruit the services of qualified persons to serve as 

volunteer CASAs.

Qualifications/Training

Rev. Stat. Tit. 22, § 4005

GALs appointed on or after March 1, 2000, must meet the qualifications established by the Supreme Judicial Court.

Specific Duties

Rev. Stat. Tit. 22, § 4005

The GAL shall act in pursuit of the best interests of the child. He or she must be given access to all reports and 

records relevant to the case and investigate to ascertain the facts. The investigation must include, when possible and 

appropriate, the following:

• Review of relevant mental health records and materials

• Review of relevant medical records

• Review of relevant school records and other pertinent materials

• Interviews with the child with or without other persons present

• Interviews with parents, foster parents, teachers, caseworkers, and other persons who have been involved in 

caring for or treating the child 

The GAL shall have face-to-face contact with the child in the child’s home or foster home within 7 days of appointment 

and at least once every 3 months thereafter. The GAL shall report to the court and all parties in writing at 6-month 

intervals regarding his or her activities on behalf of the child and recommendations concerning the manner in which the 

court should proceed in the best interests of the child. The court may provide an opportunity for the child to address the 

court personally if the child requests to do so or if the GAL believes it is in the child’s best interests.

The GAL:

• May subpoena, examine, and cross-examine witnesses and shall make a recommendation to the court

• Shall make a written report of the investigation, findings, and recommendations and shall provide a copy of the 

report to each of the parties reasonably in advance of the hearing and to the court

• Shall make the wishes of the child known to the court if the child has expressed his or her wishes, regardless of the 

recommendation of the GAL

The GAL or the child may request the court to appoint legal counsel for the child. The District Court shall pay reasonable 

costs and expenses of the child’s legal counsel.
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How the Representative Is Compensated

Rev. Stat. Tit. 22, § 4005; Tit. 4, § 1503

The GAL’s reasonable costs and expenses must be paid by the District Court. 

The volunteer CASAs are considered employees of the State only for the purposes of the Maine Tort Claims Act and are 

not entitled to receive compensation, but are reimbursed for their actual, necessary, and reasonable expenses incurred in 

the performance of their duties, consistent with policies established by the Administrative Office of the Courts.

Maryland

Making the Appointment

Courts & Jud. Proc. § 3-813

A child who is the subject of a child in need of assistance (CINA) petition shall be represented by an attorney counsel.

Unless the court finds that it would not be in the best interests of the child, the court shall: 

• Appoint an attorney with whom the Department of Human Resources has contracted to provide those services, in 

accordance with the terms of the contract

• If another attorney has previously been appointed, strike the appearance of that attorney

The Use of Court-Appointed Special Advocates (CASAs)

Courts & Jud. Proc. § 3-813

In addition to, but not instead of, the appointment of an attorney, the court, in any action, may appoint an individual 

provided by a Court-Appointed Special Advocate (CASA) Program created under § 3-830.

Qualifications/Training

MD Guidelines for Attys Rep CINA, F2

Lawyers who seek to represent children in these proceedings are encouraged to seek training and education in such 

subjects as:

• The role of child’s counsel

• Assessing considered judgment

• Basic interviewing techniques

• Child development, including cognitive, emotional, and mental stages

• Federal and State statutes, regulations, rules, and case law

• Overview of the court process and key personnel in child-related litigation

• Applicable guidelines and standards of representation

• Family dynamics and dysfunction, including substance abuse and mental illness

• Related issues such as domestic violence, special education, mental health, developmental disability systems, and 

adult guardianships

• Social service agencies, child welfare programs, and medical, educational, and mental health resources for the 

child and family

• Written materials, including related motions, court orders, pleadings, and training manuals

Specific Duties

Courts & Jud. Proc. § 3-830

The CASA program is created in a county with the support of the court for that county to provide trained volunteers 

whom the court may appoint to:

• Provide the court with background information to aid it in making decisions in the child’s best interests

• Ensure that the child is provided appropriate case planning and services
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How the Representative Is Compensated

Courts & Jud. Proc. § 3-813

The court may assess against any party reasonable compensation for the services of an attorney appointed to represent a 

child in an action under this subtitle.

Massachusetts

Making the Appointment

Ann. Law Ch. 119, § 39F

When a child alleged to be in need of services is brought before a juvenile court or a juvenile session of a district court 

pursuant to § 39E, the child shall be informed that he or she has a right to counsel at all hearings. If the child is not able 

to retain counsel, the court shall appoint counsel for the child

The Use of Court-Appointed Special Advocates (CASAs)

This issue is not addressed in the statutes reviewed.

Qualifications/Training

Committee for Public Counsel Services (CPCS) Training Requirements

Accepted trial panel applicants must complete a 5-day trial panel certification-training course. Thereafter, attorneys must 

work with a mentor assigned by the Children and Family Law program. Once certified for the trial panel, attorneys must 

maintain certification through the annual completion of 8 hours of approved continuing legal education.

Specific Duties

This issue is not addressed in the statutes reviewed.

How the Representative Is Compensated

Ann. Law Ch. 119, §§ 39F; 39J

The court shall determine whether the parent or guardian of a child alleged to be in need of services is indigent. If the 

court determines that the parent or guardian is not indigent, the court shall assess a $300 fee against the parent or 

guardian to pay for the cost of appointed counsel. If the parent is determined to be indigent but is still able to contribute 

toward the payment of some of said costs, the court shall order the parent to pay a reasonable amount toward the cost 

of appointed counsel.

Expenses for services provided to children alleged or adjudicated to be children in need of services, including the costs 

of any services authorized by the court under the provisions of § 39E, shall be paid by the county in which the court sits 

upon written certification by the court. The clerk of the court shall collect and transmit to the county treasurer, together 

with an attested copy of the court’s order, all bills and vouchers. The county treasurer shall keep a record of all payments 

made for said services, including therein the name of the child, the name or names and addresses of any public or 

private organization or persons to whom payment is made, the services for which payment is made, and the date upon 

which payment was made. Periodically, according to a schedule established by the treasurer and receiver-general of the 

Commonwealth, the county treasurers shall requisition funds from the Commonwealth to cover the payments made by 

the counties during the preceding period.
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Michigan

Making the Appointment

Comp. Laws. §§ 722.630; 712A.17d

In each case filed under the child protection act in which judicial proceedings are necessary, the court shall appoint a 

lawyer-guardian ad litem (GAL) to represent the child. A lawyer-GAL represents the child and has powers and duties in 

relation to that representation as set forth in § 712A.17d. 

If, after discussion between the child and his or her lawyer-GAL, the lawyer-GAL determines that the child’s interests as 

identified by the child are inconsistent with the lawyer-GAL’s determination of the child’s best interests, the lawyer-GAL 

shall communicate the child’s position to the court. If the court considers the appointment appropriate considering the 

child’s age and maturity and the nature of the inconsistency between the child’s and the lawyer-GAL’s identification of the 

child’s interests, the court may appoint an attorney for the child. An attorney appointed under this subsection serves in 

addition to the child’s lawyer-GAL.

The Use of Court-Appointed Special Advocates (CASAs)

This issue is not addressed in the statutes reviewed.

Qualifications/Training

This issue is not addressed in the statutes reviewed.

Specific Duties

Comp. Laws § 712A.17d

A lawyer-GAL’s duty is to the child and not the court. The lawyer-GAL’s powers and duties include at least the following:

• To serve as the independent representative for the child’s best interests

• To determine the facts of the case by conducting an independent investigation including, but not limited to, 

interviewing the child, social workers, family members, and others as necessary, and reviewing relevant reports 

and other information

• To meet with or observe the child and assess the child’s needs and wishes with regard to the representation and 

the issues in the case before all hearings 

• To explain to the child, taking into account the child’s ability to understand the proceedings, the lawyer-GAL’s role

• To file all necessary pleadings and papers and independently call witnesses on the child’s behalf

• To attend all hearings and substitute representation for the child only with court approval

• To make a determination regarding the child’s best interests and advocate for those best interests

• To inform the court of the child’s wishes and preferences

• To monitor the implementation of case plans and court orders and determine whether services the court ordered 

for the child or the child’s family are being provided in a timely manner and are accomplishing their purpose

• To identify common interests among the parties and, to the extent possible, promote a cooperative resolution of 

the matter through consultation with the child’s parent, foster care provider, guardian, and caseworker

How the Representative Is Compensated

Comp. Laws § 712A.18(5) 

If the court appoints an attorney to represent a juvenile, parent, guardian, or custodian, the court may require in an order 

entered under this section that the juvenile, parent, guardian, or custodian reimburse the court for attorney fees.
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Minnesota

Making the Appointment

Ann. Stat. § 260C.163, Subd. 3 & 5

The court shall appoint a guardian ad litem (GAL) to protect the interests of the child when it appears, at any stage of the 

proceedings, that: 

• The child is without a parent or guardian.

• The child’s parent is a minor or incompetent.

• The parent or guardian is indifferent or hostile to the child’s interests.

• A proceeding alleges a child’s need for protection or services under § 260C.007, subd. 6, except proceedings 

where the sole allegation is that the child is a runaway or habitual truant. 

In any other case, the court may appoint a GAL to protect the interests of the child when the court feels that such 

an appointment is desirable. The court shall appoint the GAL on its own motion or in the manner provided for the 

appointment of a GAL in the district court. The court may appoint separate counsel for the GAL if necessary.

The child, parent, guardian, or custodian has the right to effective assistance of counsel in connection with a proceeding 

in juvenile court. If the child, parent, guardian, or custodian desires counsel but is unable to employ it, the court shall 

appoint counsel to represent the child who is age 10 or older.

The Use of Court-Appointed Special Advocates (CASAs)

This issue is not addressed in the statutes reviewed.

Qualifications/Training

Ann. Stat. §§ 260C.163, Subd. 5; 518.165, Subd. 4

The following factors shall be considered when appointing a GAL in a case involving an Indian or minority child:

• Whether a person is available who is the same racial or ethnic heritage as the child

• If that is not possible, whether a person is available who knows and appreciates the child’s racial or ethnic heritage

The court shall require a background study for each GAL as provided under § 518.165. The court shall have access to 

data collected pursuant to § 245C.32 for purposes of the background study. 

The court shall initiate a background study through the Commissioner of Human Services on every GAL if a study has 

not been completed on the GAL within the past 3 years. The background study must be completed before the court 

appoints the GAL unless the court determines that it is in the best interests of the child to appoint a GAL before the 

study can be completed. The court shall initiate a subsequent background study once every 3 years after the guardian 

has been appointed as long as he or she continues to serve as a GAL.

The background study must include criminal history data from the Bureau of Criminal Apprehension, other criminal 

history data held by the Commissioner of Human Services, and data regarding whether the person has been a 

perpetrator of substantiated maltreatment of a minor or a vulnerable adult. When the court requests a search of the 

National Criminal Records Repository, the court must provide a set of classifiable fingerprints of the subject of the study 

on a fingerprint card provided by the Commissioner of Human Services. 
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Specific Duties

Ann. Stat. § 260C.163, Subd. 5

A GAL shall carry out the following responsibilities:

• Conduct an independent investigation to determine the facts relevant to the situation of the child and the family, 

including, unless specifically excluded by the court, reviewing relevant documents; meeting with and observing 

the child in the home setting and considering the child’s wishes, as appropriate; and interviewing parents, 

caregivers, and others with knowledge relevant to the case

• Advocate for the child’s best interests by participating in appropriate aspects of the case and advocating for 

appropriate community services when necessary

• Maintain the confidentiality of information related to a case, with the exception of sharing information as 

permitted by law to promote cooperative solutions that are in the best interests of the child

• Monitor the child’s best interests throughout the judicial proceeding

• Present written reports on the child’s best interests that include conclusions and recommendations and the facts 

upon which they are based

How the Representative Is Compensated

Ann. Stat. § 260C.331, Subd. 3, 5, & 6

Reasonable compensation for an attorney appointed by the court to serve as counsel shall be paid by the county in 

which proceedings are held.

The State Guardian Ad Litem Board shall pay for GAL expenses and reasonable compensation for an attorney to serve as 

counsel for a GAL, if necessary.

In proceedings in which the court has appointed counsel pursuant to § 260C.163, subdivision 3, for a minor unable to 

employ counsel, the court may inquire into the ability of the parents to pay for the counsel’s services and, after giving the 

parents a reasonable opportunity to be heard, may order the parents to pay attorney fees. 

In proceedings in which the court appoints a GAL pursuant to § 260C.163, subd. 5, the court may inquire into the ability 

of the parents to pay for the GAL’s services and, after giving the parents a reasonable opportunity to be heard, may order 

the parents to pay guardian fees.

In each fiscal year, the Commissioner of Finance shall deposit GAL reimbursements in the general fund and credit them 

to a separate account with the trial courts. The balance of this account is appropriated to the trial courts and does not 

cancel but is available until expended. Expenditures by the State Court Administrator’s Office from this account must be 

based on the amount of the GAL reimbursements received by the State from the courts in each judicial district.

Mississippi 

Making the Appointment

Ann. Code §§ 43-21-121; 43-21-201

A guardian ad litem (GAL) shall be appointed for the child. In cases where the court appoints a layman as GAL, the court 

shall also appoint an attorney to represent the child. 

The youth court shall appoint a GAL for the child:

• When a child has no parent, guardian, or custodian

• When the youth court cannot acquire personal jurisdiction over a parent, guardian, or custodian

• When the parent is a minor or a person of unsound mind

• When the parent is indifferent to the interests of the child or if the interests of the child and the parent, considered 

in the context of the case, appear to conflict

• In every case involving an abused or neglected child that results in a judicial proceeding

• In any other instance where the youth court finds appointment of a GAL to be in the best interests of the child

The GAL shall be appointed by the court when custody is ordered or at the first judicial hearing regarding the case, 

whichever occurs first. 
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Making the Appointment (Cont.)

Ann. Code §§ 43-21-121; 43-21-201

Each party shall have the right to be represented by counsel at all stages of the proceedings including, but not limited 

to, detention, adjudicatory and disposition hearings, and postdisposition matters. If indigent, the child shall have the 

right to have counsel appointed for him or her by the youth court.

The Use of Court-Appointed Special Advocates (CASAs)

Ann. Code § 43-21-121

The court, in its discretion, may appoint a trained, volunteer layperson to assist children subject to the provisions of this 

section in addition to the appointment of a GAL.

Qualifications/Training

Ann. Code § 43-21-121

The GAL shall be a competent person who has no adverse interests to the child. The court shall ensure that the GAL is 

adequately instructed on the proper performance of his or her duties.

The court may appoint either a suitable attorney or a suitable layperson as a GAL. From and after January 1, 1999, 

in order to be eligible for an appointment as a GAL, such attorney or layperson must have received child protection 

and juvenile justice training provided by or approved by the Mississippi Judicial College within the year immediately 

preceding such appointment. The Mississippi Judicial College shall determine the amount of child protection and 

juvenile justice training that shall satisfy the requirements of this section. The Administrative Office of Courts shall 

maintain a roll of all attorneys and laypersons eligible to be appointed as a GAL. 

Specific Duties

Ann. Code §§ 43-21-121; 43-21-201(4)

In addition to all other duties required by law, a GAL shall have the duty to protect the interests of a child for whom he 

or she has been appointed GAL. The GAL shall investigate, make recommendations to the court, or enter reports as 

necessary to hold paramount the child’s best interests. The GAL is not an adversary party, and the court shall ensure that 

GALs perform their duties properly and in the best interests of their wards.

Upon appointment of a GAL, the youth court shall continue any pending proceedings for a reasonable time to allow the 

GAL to familiarize himself or herself with the matter, consult with counsel, and prepare his or her participation in the case.

The child’s attorney shall owe the same duties of undivided loyalty, confidentiality, and competent representation to the 

child or minor as is due an adult client pursuant to the Mississippi Rules of Professional Conduct.

How the Representative Is Compensated

Ann. Code § 43-21-121 

Upon order of the youth court, the GAL shall be paid a reasonable fee as determined by the youth court judge or referee 

out of the county general fund. To be eligible for this fee, the GAL shall submit an accounting of the time spent in 

performance of his or her duties to the court.

Missouri

Making the Appointment

Ann. Stat. § 210.160

In every case involving an abused or neglected child that results in a judicial proceeding, the judge shall appoint a 

guardian ad litem (GAL) to appear for and represent:

• A child who is the subject of the proceedings

• A parent who is a minor or who is a mentally ill person or otherwise incompetent, and whose child is the subject of 

the proceedings
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The Use of Court-Appointed Special Advocates (CASAs)

Ann. Stat. § 210.160

The court may designate volunteer advocates, who may or may not be attorneys licensed to practice law, to assist in the 

performance of the GAL duties for the court. Nonattorney volunteer advocates shall not provide legal representation. 

The court shall have the authority to examine the general and criminal background of persons designated as volunteer 

advocates, including utilization of the family care safety registry, to ensure the safety and welfare of the children such 

persons are designated to represent. The volunteer advocate shall be provided with all reports relevant to the case made 

to or by any agency or person, shall have access to all records of such agencies or persons relating to the child or such 

child’s family members or placements of the child, and upon designation by the court to a case, shall be informed of and 

have the right to attend any and all family support team meetings involving the child.

Qualifications/Training

Ann. Stat. § 210.160; Mo. Sup. Ct. Stds. for GAL 1.0

Only a lawyer licensed by the Supreme Court of Missouri and, when authorized by law, a court-appointed special 

advocate (CASA) volunteer sworn in as an officer of the court shall be appointed to act as a GAL for a child.

The appointing judge shall have the authority to examine the general and criminal background of persons appointed as 

GALs, including utilization of the family care safety registry, to ensure the safety and welfare of the children such persons 

are appointed to represent. The judge, in making appointments pursuant to this section, shall give preference to persons 

who served as GAL for the child in an earlier proceeding, unless there is a reason on the record for not giving such 

preference.

Any person appointed to perform GAL duties shall have completed a training program in permanency planning and shall 

advocate for timely court hearings whenever possible to attain permanency for a child as expeditiously as possible to 

reduce the effects that prolonged foster care may have on a child. A nonattorney volunteer advocate shall have access to 

a court-appointed attorney GAL if the circumstances of the particular case so require.

Specific Duties

Ann. Stat. § 210.160; Mo. Sup. Ct. Stds. for GAL 2.0

The GAL is not the child’s lawyer. The GAL advocates for the child’s best interests rather than representing the child’s 

preferences.

The GAL shall be provided with all reports relevant to the case made to or by any agency or person, shall have access to 

all records of such agencies or persons relating to the child or the child’s family members or placements of the child, and 

upon appointment by the court to a case, shall be informed of and have the right to attend any and all family support 

team meetings involving the child. Employees of the Children’s Division, officers of the court, and employees of any 

agency involved shall fully inform the GAL of all aspects of the case of which they have knowledge or belief.

The appointing judge shall require the GAL to faithfully discharge his or her duties, and upon failure to do so shall 

discharge the GAL and appoint another.

How the Representative Is Compensated

Ann. Stat. § 210.160

The GAL may be awarded a reasonable fee to be set by the court. The court, in its discretion, may award fees as a 

judgment to be paid by any party to the proceedings or from public funds. However, no fees as a judgment shall be 

taxed against a party or parties that have not been found to have abused or neglected a child or children. Such an award 

of guardian fees shall constitute a final judgment in favor of the GAL. 

A volunteer advocate shall receive no compensation from public funds. This shall not preclude reimbursement for 

reasonable expenses.
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Montana

Making the Appointment

Ann. Code §§ 41-3-112; 41-3-425

In every judicial proceeding, the court shall appoint a guardian ad litem (GAL) for any child alleged to be abused or 

neglected. 

Any party involved in a petition filed pursuant to § 41-3-422 has the right to counsel in all proceedings. Except as 

provided below, the court shall immediately appoint or have counsel assigned for:

• Any indigent parent, guardian, or other person having legal custody of a child or youth in a removal, placement, 

or termination proceeding pursuant to § 41-3-422

• Any child or youth involved in a proceeding under a petition filed pursuant to § 41-3-422 when a GAL is not 

appointed for the child or youth

• Any party entitled to counsel at public expense under the Federal Indian Child Welfare Act

When appropriate, the court may appoint or have counsel assigned for: 

• A GAL or a court-appointed special advocate (CASA) involved in a proceeding under a petition filed pursuant to § 

41-3-422

• Any child or youth involved in a proceeding under a petition filed pursuant to § 41-3-422 when a GAL is 

appointed for the child or youth

If the court appoints counsel for a GAL, CASA, or a youth who is represented by a GAL, the court must order the Office 

of the State Public Defender to immediately assign counsel pursuant to the Montana Public Defender Act, pending a 

determination of eligibility pursuant to § 47-1-111.

The Use of Court-Appointed Special Advocates (CASAs)

This issue is not addressed in the statutes reviewed.

Qualifications/Training

Ann. Code § 41-3-112

The Department of Public Health and Human Services or any member of its staff who has a direct conflict of interest may 

not be appointed as the GAL in a judicial proceeding under this title. 

The GAL must have received appropriate training that is specifically related to serving as a child’s court-appointed 

representative. 

Any party may petition the court for the removal and replacement of the GAL if the GAL fails to perform the duties of the 

appointment.

Specific Duties

Ann. Code § 41-3-112 

The GAL is charged with the representation of the child’s best interests and shall perform the following general duties:

• To conduct investigations to ascertain the facts constituting the alleged abuse or neglect

• To interview or observe the child who is the subject of the proceeding

• To have access to court, medical, psychological, law enforcement, social services, and school records pertaining to 

the child and the child’s siblings and parents or custodians

• To make written reports to the court concerning the child’s welfare

• To appear and participate in all proceedings to the degree necessary to adequately represent the child and make 

recommendations to the court concerning the child’s welfare

• To perform other duties as directed by the court

• If the GAL is an attorney, to file motions including, but not limited to, filing to expedite proceedings or otherwise 

assert the child’s rights

Information contained in a report filed by the GAL or testimony regarding a report filed by the GAL is not hearsay when 

it is used to form the basis of the GAL’s opinion as to the best interests of the child.
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How the Representative Is Compensated

Ann. Code §§ 41-3-112; 3-5-901 

When necessary, the GAL may serve at public expense.

A State-funded district court program under the judicial branch shall fund all district court costs. These costs include 

expenses associated with appointment of a GAL or child advocate for the youth.

Nebraska

Making the Appointment

Rev. Stat. §§ 43-272; 43-3710

The court, on its own motion or upon application of a party to the proceedings, shall appoint a guardian ad litem (GAL) 

when a child is removed from his or her surroundings due to serious endangerment pursuant to § 43-248(3) or (4). If 

removal has not occurred, a GAL shall be appointed at the commencement of all cases brought under § 43-247(3)(a) or 

(8) [neglect, abandonment, or voluntary relinquishment of a child] and § 28-707 [child abuse].

A judge may appoint a court-appointed special advocate (CASA) volunteer in any proceeding when, in the opinion of 

the judge, a child who may be affected by such proceeding requires services that a volunteer can provide, and the court 

finds that the appointment is in the best interests of the child.

The Use of Court-Appointed Special Advocates (CASAs)

Rev. Stat. §§ 43-3710; 43-3711

A CASA volunteer shall be appointed pursuant to a court order. The court order shall specify the volunteer as a friend 

of the court acting on the authority of the judge. The volunteer acting as a friend of the court may offer as evidence a 

written report with recommendations consistent with the best interests of the child, subject to all pertinent objections.

A memorandum of understanding between a court and a court-appointed special advocate program is required in any 

county where a program is established and shall set forth the roles and responsibilities of the CASA volunteer.

The volunteer’s appointment shall conclude:

• When the court’s jurisdiction over the child terminates

• Upon discharge by the court on its own motion

• With the approval of the court, at the request of the program director of the CASA program to which the 

volunteer is assigned

• Upon successful motion of a party to the action for the removal of the volunteer because the party believes the 

volunteer has acted inappropriately, is unqualified, or is unsuitable for the appointment

A CASA volunteer shall not:

• Accept any compensation for the duties and responsibilities of his or her appointment

• Have any association that creates a conflict of interest with his or her duties

• Be related to any party or attorney involved in a case

• Be employed in a position that could result in a conflict of interest or give rise to the appearance of a conflict

• Use the position to seek or accept gifts or special privileges
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Qualifications/Training

Rev. Stat. §§ 43-272; 43-3708; 43-3709; Neb. Ct. R. § 4-401 

The court shall appoint an appropriately trained attorney as a GAL. This includes 6 hours of specialized training provided 

by the Administrative Office of the Nebraska Supreme Court. In order to maintain eligibility to be appointed and to serve 

as a GAL, an attorney shall complete 3 hours of specialized training per year as provided by the Administrative Office of 

the Court. 

If the judge determines that an attorney with the requisite training is unavailable within the county, he or she may 

appoint an attorney without such training.

All CASA volunteers shall participate fully in preservice training, including, but not limited to, instruction on recognizing 

child abuse and neglect, cultural awareness, socioeconomic issues, child development, the juvenile court process, 

permanency planning, volunteer roles and responsibilities, advocacy, information gathering, and documentation. 

Volunteers shall be required to participate in observation of court proceedings prior to appointment. Each CASA 

program shall provide a minimum of 10 hours of inservice training per year to volunteers.

The minimum qualifications for any prospective CASA volunteer are that he or she shall:

• Be at least age 21 and have demonstrated an interest in children and their welfare

• Be willing to commit to the court for a minimum of 1 year of service to a child

• Complete an application, including providing background information required below

• Participate in a screening interview

• Participate in the required training

For the required background screening, the program director shall obtain the following information regarding a 

volunteer applicant:

• A check of the applicant’s criminal history record information maintained by the FBI through the Nebraska State 

Patrol

• A check of his or her record with the central register of child protection cases 

• A check of his or her driving record

• At least three references of people who will attest to the applicant’s character, judgment, and suitability for the 

position of a CASA volunteer

If the applicant has lived in Nebraska for less than 12 months, the program director shall obtain the records required 

above from all other jurisdictions in which the applicant has lived during the preceding year. 

Specific Duties

Rev. Stat. §§ 43-272.01; 43-3712 

The GAL:

• Shall be present at all hearings unless expressly excused by the court

• Is not appointed to defend the parents or other custodian of the child but shall defend the legal and social 

interests of the child

• May at any time move the court to provide medical or psychological treatment or evaluation

• Shall make every reasonable effort to become familiar with the needs of the child, including consulting with the 

child within 2 weeks after the appointment and once every 6 months thereafter

• May present evidence and witnesses and cross-examine witnesses at all evidentiary hearings

• Shall be responsible for making recommendations to the court regarding the temporary and permanent 

placement of the child and shall submit a written report to the court at every dispositional or review hearing

• Shall consider other information that is warranted by the nature and circumstances of a particular case

• May file a petition in the juvenile court on behalf of the juvenile
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Specific Duties (Cont.)

Rev. Stat. §§ 43-272.01; 43-3712

A CASA shall:

• Conduct an independent examination regarding the best interests of the child that will provide factual information 

to the court regarding the child and the child’s family

• Determine whether an appropriate permanency plan has been created for the child, whether appropriate services 

are being provided to the child and the child’s family, and whether the treatment plan is progressing in a timely 

manner

• With the support and supervision of the CASA program staff, make recommendations consistent with the best 

interests of the child regarding placement, visitation, and appropriate services for the child and the child’s family

• Prepare a written report to be distributed to the court and the parties to the proceeding

• Monitor the case to ensure that the child’s essential needs are being met

• Make every effort to attend all hearings, meetings, and any other proceeding concerning the case

How the Representative Is Compensated

Rev. Stat. § 43-272.01 

The court may order the expense of the GAL’s consultation, if any, to be paid by the county in which the juvenile court 

action is brought, or the court may, after notice and hearing, assess the cost of such consultation, if any, in whole or in 

part to the parents of the child. The ability of the parents to pay and the amount of the payment shall be determined by 

the court by appropriate examination.

Nevada

Making the Appointment

Rev. Stat. §§ 432B.500; 432B.420

After a petition is filed that a child is in need of protection pursuant to § 432B.490, the court shall appoint a guardian ad 

litem (GAL) for the child.

The child may be represented by an attorney at all stages of any proceedings held pursuant to §§ 432B.410 to 432B.590, 

inclusive. If the child is represented by an attorney, the attorney has the same authority and rights as an attorney 

representing a party to the proceedings.

If the court determines that the parent of an Indian child for whom protective custody is sought is indigent, the court:

• Shall appoint an attorney to represent the parent

• May appoint an attorney to represent the Indian child

• May apply to the Secretary of the Interior for the payment of the fees and expenses of such an attorney, as 

provided in the Indian Child Welfare Act

The Use of Court-Appointed Special Advocates (CASAs)

Rev. Stat. § 432B.505

To qualify for appointment as a GAL in a judicial district that does not include a county whose population is less than 

100,000, a special advocate must be qualified pursuant to the standards for training of the National Court Appointed 

Special Advocate Association or its successor. If such an association ceases to exist, the court shall determine the 

standards for training.
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Qualifications/Training

Rev. Stat. §§ 432B.500; 432B.505

The person appointed as a GAL:

• Must meet the requirements of § 432B.505 or, if such a person is not available, a representative of an agency that 

provides child welfare services, a juvenile probation officer, an officer of the court, or another volunteer

• Must not be a parent or other person responsible for the child’s welfare

To qualify for appointment as a GAL in a judicial district that includes a county whose population is less than 100,000, a 

special advocate must be a volunteer from the community who completes an initial 12 hours of specialized training and, 

annually thereafter, completes 6 hours of specialized training. The training must be approved by the court and include 

information regarding:

• The dynamics of abuse and neglect of children

• Factors to consider in determining the best interests of a child, including planning for the permanent placement of 

the child

• The interrelationships of the family system, legal process, and child welfare system

• Skills in mediation and negotiation

• Federal, State, and local laws affecting children

• Cultural, ethnic, and gender-specific issues

• Domestic violence

• Resources and services available in the community for children in need of protection

• Child development

• Standards for GALs

• Confidentiality issues

• Other topics the court deems appropriate

Specific Duties

Rev. Stat. § 432B.500

A GAL appointed pursuant to this section shall:

• Represent and protect the best interests of the child until excused by the court

• Thoroughly research and ascertain the relevant facts of each case for which he or she is appointed, and ensure 

that the court receives an independent, objective account of those facts

• Meet with the child wherever the child is placed as often as necessary to determine that the child is safe and to 

ascertain the best interests of the child 

• Explain to the child the role of the GAL and, when appropriate, the nature and purpose of each proceeding in his 

or her case

• Participate in the development and negotiation of any plans for and orders regarding the child, and monitor the 

implementation of those plans and orders to determine whether services are being provided in an appropriate 

and timely manner

• Appear at all proceedings regarding the child 

• Inform the court of the desires of the child, but exercise his or her independent judgment regarding the best 

interests of the child

• Present recommendations to the court and provide reasons in support of those recommendations 

• Request the court to enter orders that are clear and specific, and, when appropriate, include periods for 

compliance

• Review the progress of each case for which he or she is appointed, and advocate for the expedient completion of 

the case

• Perform other duties the court orders
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How the Representative Is Compensated

Rev. Stat. § 432B.500; 432B.420

No compensation may be allowed a person serving as a GAL.

Each attorney, other than a public defender, who is appointed to represent a child, is entitled to the same compensation 

and payment for expenses from the county as provided in §§ 7.125 and 7.135 for an attorney appointed to represent a 

person charged with a crime. Except as otherwise provided in § 432B.500, an attorney appointed to represent a child 

may also be appointed as the GAL for the child. He or she may not receive any compensation for his or her services as a 

GAL.

New Hampshire

Making the Appointment

Rev. Stat. § 169-C:10 

In cases involving a neglected or abused child, the court shall appoint a court-appointed special advocate (CASA) or 

other approved program guardian ad litem (GAL) for the child. If a CASA or other approved program GAL is unavailable 

for appointment, the court may then appoint an attorney or other GAL for the child. The court shall not appoint an 

attorney for any GAL appointed for the child. The CASA or other approved program GAL shall have the same authority 

and access to information as any other GAL. For purposes of this paragraph, ‘unavailable for appointment’ means 

that there is no CASA or other approved program GAL available for appointment by the court following a finding of 

reasonable cause at the preliminary hearing held under § 169-C:15 so that the child’s interests may be represented 

effectively in preparation for and at an adjudicatory hearing.

In cases involving a neglected or abused child, when the child’s expressed interests conflict with the recommendation for 

dispositional orders of the GAL, the court may appoint an attorney to represent the interests of the child.

The Use of Court-Appointed Special Advocates (CASAs)

Rev. Stat §§ 169-C:10; 490-C:6 

The CASA-GAL shall have the same authority and access to information as any other GAL.

Court Appointed Special Advocates (CASA) of New Hampshire shall be accountable to the Guardian ad Litem Board for 

complying with the training requirements established by the board under § 490-C:5 and for the actions of its volunteer 

members who are appointed by the court as GALs.

Qualifications/Training

Rev. Stat. § 490-C:5-a 

To be eligible for initial certification, recertification, reinstatement, or renewal of certification as a GAL, an applicant 

shall be of good character and shall meet such criteria or requirements as may be established by the Guardian ad Litem

Board.

Certification issued by the board shall be valid for 3 years from the date of issuance, and shall expire 3 years from the 

date of issuance, unless renewed or reissued pursuant to rules adopted by, and upon payment of fees established in, 

the rules of the board. If timely and sufficient application has been made in accordance with board rules for renewal of 

certification, the existing certification shall not expire until the board has taken final action on the application for renewal. 

Conditional or temporary certification as a GAL shall be according to the criteria, terms, requirements, procedures, and 

duration established by the board.
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Specific Duties

Rev. Stat. § 169-C:10 

When an attorney is appointed as counsel for a child, representation may include counsel and investigative, expert, and 

other services, including process to compel the attendance of witnesses, as may be necessary to protect the rights of the 

child.

The New Hampshire Supreme Court shall adopt rules regarding the duties and responsibilities of the CASA-GAL or other 

GAL appointed for the child.

How the Representative Is Compensated

This issue is not addressed in the statutes reviewed.

New Jersey

Making the Appointment

Ann. Stat. § 9:6-8.23

Any minor who is the subject of a child abuse or neglect proceeding must be represented by a law guardian. The 

Superior Court, Chancery Division, Family Part, on its own motion, will make appointments of law guardians.

The Use of Court-Appointed Special Advocates (CASAs) 

This issue is not addressed in the statutes reviewed.

Qualifications/Training

Ann. Stat. § 9:6-8.21

The law guardian must be an attorney admitted to the practice of law in this State, regularly employed by the Office of 

the Public Defender or appointed by the court, and designated under this act to represent minors in alleged cases of 

child abuse or neglect and in termination of parental rights proceedings. 

Conditional or temporary certification as a GAL shall be according to the criteria, terms, requirements, procedures, and 

duration established by the board.

Specific Duties

Ann. Stat. § 9:6-8.23 

The duty of the law guardian is to help protect the interests of the child and to help the child express his or her wishes to 

the court.

How the Representative Is Compensated

This issue is not addressed in the statutes reviewed.

New Mexico

Making the Appointment

Ann. Stat. § 32A-4-10

At the inception of an abuse and neglect proceeding, the court shall appoint a guardian ad litem (GAL) for a child 

younger than age 14. If the child is age 14 or older, the court shall appoint an attorney for the child. 

When a child reaches age 14, the child’s GAL shall continue as the child’s attorney. The court shall appoint a different 

attorney for the child if:

• The child requests a different attorney.

• The GAL requests to be removed.

• The court determines that the appointment of a different attorney is appropriate.
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The Use of Court-Appointed Special Advocates (CASAs) 

Ann. Stat. § 32A-1-4

A court-appointed special advocate (CASA) is a person who, pursuant to the provisions of the Children’s Court Rules, 

assists the court in determining the best interests of the child by investigating the case and submitting a report to the 

court. 

Qualifications/Training

Ann. Stat. §§ 32A-1-4; 32A-4-10; 32A-18-1

A GAL shall be an attorney appointed by the Children’s Court to represent and protect the best interests of the child in a 

court proceeding. No party or employee or representative of a party to the proceeding shall be appointed to serve as a 

GAL.

No officer or employee of an agency that is vested with the legal custody of the child shall be appointed as GAL or 

attorney for the child. Only an attorney with appropriate experience shall be appointed as GAL of or attorney for the 

child.

When reasonable and appropriate, the court shall appoint a GAL or attorney who is knowledgeable about the child’s 

particular cultural background. Attorneys and attorney GALs may receive periodic training on a child’s psychological and 

physical development as well as the impact of ethnicity on the child’s needs.

Specific Duties

Ann. Stat. § 32A-1-7 

A GAL shall zealously represent the child’s best interests in the proceeding for which the GAL has been appointed and in 

any subsequent appeals. After consultation with the child, a GAL shall convey the child’s declared position to the court at 

every hearing. Unless a child’s circumstances render the following duties and responsibilities unreasonable, a GAL shall:

• Meet with and interview the child prior to custody hearings, adjudicatory hearings, dispositional hearings, judicial 

reviews, and any other hearings scheduled in accordance with the Children’s Code 

• Communicate with health care, mental health care, and other professionals involved with the child’s case

• Review medical and psychological reports relating to the child and the respondents

• Contact the child prior to any proposed change in the child’s placement

• Contact the child after changes in the child’s placement 

• Attend local substitute care review board hearings concerning the child and, if unable to attend the hearings, 

forward to the board a letter setting forth the child’s status during the period since the last board review and 

include an assessment of the Children, Youth and Families Department’s permanency and treatment plans 

• Report to the court on the child’s adjustment to placement, the department’s and respondent’s compliance with 

prior court orders and treatment plans, and the child’s degree of participation during visitations

• Represent and protect the cultural needs of the child

A GAL shall receive notices, pleadings, or other documents required to be provided to or served upon a party. A GAL 

may file motions and other pleadings and take other actions consistent with the GAL’s powers and duties.

How the Representative Is Compensated

Ann. Stat. § 32A-1-19

Reasonable compensation for services and related expenses of a GAL or a child’s attorney shall be a charge upon the 

funds of the court upon their certification by the court.

The court may order the parent or other person legally obligated to care for and support a child to pay all or part of the 

costs and expenses or a GAL or attorney when:

• The child has been found to be an abused or neglected child. 

• The parent or other person legally obligated to care for and support a child is given notice and a hearing to 

determine the parent or person’s financial ability to pay the costs and expenses.

• The court finds that the parent or person is able to pay all or part of the costs and expenses.

Unless otherwise ordered, payment shall be made to the court for remittance to those to whom compensation is due or, 

if costs and expenses have been paid by the court, to the court for remittance to the State. The court may prescribe the 

manner of payment. 
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New York

Making the Appointment

Family Court Act § 1016 

The court shall appoint an attorney to represent a child who has been allegedly abused or neglected upon the earliest 

occurrence of any of the following:

• The court receiving notice of the emergency removal of the child 

• An application for an order for removal of the child prior to the filing of a petition 

• The filing of a petition alleging abuse or neglect

The Use of Court-Appointed Special Advocates (CASAs) 

This issue is not addressed in the statutes reviewed.

Qualifications/Training

Family Court Act § 242

The term ‘attorney for the child’ refers to an attorney admitted to practice law in the State of New York who has been 

designated to represent a minor.

Specific Duties

Family Court Act §§ 1016; 1075; NY Ct. Rules § 7.2 

Whenever an attorney has been appointed by the family court to represent a child, the appointment shall continue 

without further court order or appointment during an order of disposition issued by the court directing supervision, 

protection, or suspending judgment, or any extension thereof; an adjournment in contemplation of dismissal; or the 

pendency of the foster care placement. All notices and reports required by law shall be provided to the attorney for the 

child. Such appointment shall terminate upon the expiration of the order, unless another appointment of an attorney has 

been made by the court or unless the attorney makes application to the court to be relieved of his or her appointment. 

Upon approval of an application to be relieved, the court shall immediately appoint another attorney for the child to 

whom all notices and reports required by law shall be provided.

In addition to all other duties and responsibilities necessary to the representation of a child, an attorney for the child 

shall upon receipt of a report from a child protective agency, review the information contained therein and make a 

determination as to whether there is reasonable cause to suspect that the child is at risk of further abuse or neglect or 

that there has been a substantive violation of a court order. When the attorney makes such a determination, he or she 

shall apply to the court for appropriate relief. Nothing contained in this section shall relieve a child protective agency or 

social services official of its duties pursuant to this act or the social services law.

In proceedings in which the child is the subject, the attorney must zealously advocate for the child’s position. The 

attorney must ascertain the child’s position by consulting with the child in a manner consistent with the child’s capacities, 

and by gaining a thorough knowledge of the child’s circumstances. If the child is capable of knowing, voluntary, and 

considered judgment, the attorney for the child should be directed by the wishes of the child, even if this conflicts with 

the attorney’s belief that what the child wants is not in the child’s best interests. The attorney should fully explain the 

options available to the child, and may recommend a course of action that in the attorney’s view would best promote the 

child’s interests. 

When the attorney for the child is convinced either that the child lacks the capacity for knowing, voluntary, and 

considered judgment, or that following the child’s wishes is likely to result in a substantial risk of imminent, serious harm 

to the child, the attorney for the child would be justified in advocating a position that is contrary to the child’s wishes. In 

these circumstances, the attorney for the child must inform the court of the child’s articulated wishes if the child wants 

the attorney to do so, notwithstanding the attorney’s position.
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How the Representative Is Compensated

Family Court Act § 1016

An attorney for the child shall be entitled to compensation pursuant to applicable provisions of law for services rendered 

up to and including disposition of the petition. The attorney shall, by separate application, be entitled to compensation 

for services rendered subsequent to the disposition of the petition.

North Carolina

Making the Appointment

Gen. Stat. § 7B-601 

When a petition alleges that a child is abused, neglected, or dependent, the court shall appoint a guardian ad litem

(GAL) to represent the child.

In every case where a nonattorney is appointed as a GAL, an attorney shall be appointed in the case in order to ensure 

protection of the child’s legal rights throughout the proceeding.

The Use of Court-Appointed Special Advocates (CASAs) 

This issue is not addressed in the statutes reviewed.

Qualifications/Training

Gen. Stat. § 7B-1200 

The Office of Guardian ad Litem Services is established in the Administrative Office of the Courts to provide services in 

accordance with § 7B-601 to abused, neglected, or dependent children involved in judicial proceedings and to ensure 

that all participants in these proceedings are adequately trained to carry out their responsibilities. Each local program 

shall consist of volunteer GALs, at least one program attorney, a program coordinator who is a paid State employee, and 

any clerical staff the Administrative Office of the Courts, in consultation with the local program, deems necessary. The 

Administrative Office of the Courts shall adopt rules and regulations necessary and appropriate for the administration of 

the program.

Specific Duties

Gen. Stat. § 7B-601 

The GAL and attorney advocate have standing to represent the child in all actions to which they have been appointed. 

The appointment shall terminate when the permanent plan has been achieved for the child and approved by the court. 

The court may reappoint the GAL pursuant to a showing of good cause upon motion of any party, including the GAL or 

the court.

The duties of the GAL program shall be: 

• To make an investigation to determine the facts, the needs of the child, and the available resources within the 

family and community to meet those needs 

• To facilitate, when appropriate, the settlement of disputed issues

• To offer evidence and examine witnesses at adjudication

• To explore options with the court at the dispositional hearing

• To conduct follow-up investigations to ensure that the orders of the court are executed properly

• To report to the court when the needs of the child are not met

• To protect and promote the best interests of the child until formally relieved of the responsibility by the court

The court may authorize the GAL to accompany the juvenile to court in any criminal action wherein the juvenile may be 

called on to testify in a matter relating to abuse. 

The GAL has the authority to obtain any information or reports, whether or not confidential, that may in the GAL’s 

opinion be relevant to the case. No privilege other than the attorney-client privilege may be invoked to prevent the GAL 

and the court from obtaining such information. The confidentiality of the information or reports shall be respected by 

the GAL, and no disclosure of any information or reports shall be made to anyone except by order of the court or unless 

otherwise provided by law.
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How the Representative Is Compensated

Gen. Stat. § 7B-603

An attorney or GAL shall be paid a reasonable fee fixed by the court or by direct engagement for specialized GAL 

services through the Administrative Office of the Courts.

The court may require payment of the fee for an attorney or GAL from a person other than the child. In no event 

shall the parent or guardian be required to pay the fees for a court-appointed attorney or GAL in an abuse, neglect, 

or dependency proceeding unless the child has been adjudicated to be abused, neglected, or dependent or, in a 

proceeding to terminate parental rights, unless the parent’s rights have been terminated. If the party is ordered to 

reimburse the State for attorney or GAL fees and fails to comply with the order at the time of disposition, the court shall 

file a judgment against the party for the amount due the State.

North Dakota

Making the Appointment

Cent. Code § 50-25.1-08; ND R. Ct. 8.7 

The court shall appoint a guardian ad litem (GAL) to represent the child in every case involving an abused or neglected 

child that results in a judicial proceeding.

A GAL must be appointed if the court finds an appointment is necessary to protect the best interests of the child 

involved. In determining whether to appoint a GAL, the court shall consider, among other factors, whether:

• There is an allegation of sexual abuse.

• There is an allegation of domestic violence resulting in serious bodily injury or involving the use of a dangerous 

weapon.

• There is an allegation of a pattern of domestic violence occurring within a reasonable time proximate to the 

proceeding resulting in a reasonable fear for the safety of a party or the minor child.

• The child has special needs.

• The child has, at any time, been placed in foster care or in the home of a third party.

• There is an allegation the child is in an unstable environment.

• There has been repeated post-decree litigation involving custody or visitation issues.

• The interests of the child and either or both parents are in substantial conflict.

• A GAL could provide the court with significant information not otherwise available or likely to be presented by the 

parents. 

• There are any other areas of special concern that may impact the best interests of the child.

The Use of Court-Appointed Special Advocates (CASAs) 

This issue is not addressed in the statutes reviewed.

Qualifications/Training

ND R. Ct. 8.7(c)

To be eligible for appointment as a GAL, an attorney must have completed 18 hours of GAL-related training. To remain 

eligible to be appointed as GAL, an individual shall complete an additional 18 hours of GAL-related training every 3 

years.
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Specific Duties

ND R. Ct. 8.7(d)

A GAL shall advocate the best interests of the child as to legal custody, physical placement, visitation, and support. 

A GAL shall function independently, in the same manner as an attorney for a party to the action, and, consistent with 

the Rules of Professional Conduct, shall consider, but not be bound by, the wishes of the child or others as to the best 

interests of the child.

After appointment, a GAL shall:

• Work with a custody investigator, if appointed, to coordinate investigation activities and avoid duplicating services 

• Interview and observe the child to ascertain the facts relevant to custody, the child’s wishes, the need for 

independent evaluation, and the need for and appropriateness of interim judicial relief

• Advise the child and the child’s parents of the role and responsibilities of the GAL

• Interview potential witnesses, lay and expert, with relevant knowledge of the child or parties

• Participate in meetings impacting the life of the child, including permanency planning meetings and other 

activities that may be directed by the court

A GAL may apply for a court order to protect the child, to obtain temporary relief, to determine custody, or to determine 

visitation. A GAL shall participate whenever any party requests an interim court order that may affect the child. He or she 

also may request an independent court-ordered evaluation or study, including a custody investigation.

The GAL shall also participate in all pretrial procedures and negotiations and endeavor to resolve the case without the 

need for a trial. The GAL may not disclose or participate in the disclosure of information to any person who is not a party 

to the case, except as necessary to perform the GAL duties or as may be specifically provided by law.

How the Representative Is Compensated

Cent. Code § 27-20-49

The supreme court shall pay reasonable compensation for a GAL. If, after due notice to the parents or other persons 

legally obligated to care for and support the child, and to a child older than age 18, and after affording them an 

opportunity to be heard, the court finds that they are financially able to pay all or part of the costs and expenses payable 

by the supreme court, the court may order them to pay the same and prescribe the manner of payment. 

Unless it finds that there is no likelihood that the party is or will be able to pay attorney’s fees and expenses, the court 

shall order the parents (or other persons legally obligated to care for and support the child) and the child, if older than 

age 18, to reimburse the presumed amount of indigent defense costs and expenses, as determined by the Commission 

on Legal Counsel for Indigents, and the court shall notify the party of the right to a hearing on the reimbursement 

amount. If the party or the State requests a hearing within 30 days of receiving notice, the court shall schedule a hearing 

at which the actual amount of attorney’s fees and expenses must be shown. In determining the amount of reimbursement 

and method of payment, the court shall consider the financial resources of the party and the nature of the burden that 

reimbursement of costs and expenses will impose.

Northern Mariana Islands

This issue is not addressed in the statutes reviewed.
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Ohio

Making the Appointment

Rev. Code § 2151.281

The court shall appoint a guardian ad litem (GAL), subject to rules adopted by the Supreme Court, to protect the 

interests of a child in any proceeding concerning an alleged abused or neglected child. 

In any case involving an alleged or adjudicated abused or neglected child or an agreement for the voluntary surrender 

of temporary or permanent custody of a child that is made in accordance with § 5103.15, the court shall appoint the 

GAL in each case as soon as possible after the complaint is filed, the request for an extension of the temporary custody 

agreement is filed with the court, or the request for court approval of the permanent custody agreement is filed. In any 

case involving an alleged dependent child in which the parent of the child appears to be mentally incompetent or is 

under age 18; there is a conflict of interest between the child and the child’s parents, guardian, or custodian; or the court 

believes that the parent of the child is not capable of representing the best interests of the child, the court shall appoint 

a GAL for the child.

The Use of Court-Appointed Special Advocates (CASAs) 

Rev. Code § 2151.281

When the court appoints a GAL, it shall appoint a qualified volunteer or court-appointed special advocate (CASA) 

whenever one is available and the appointment is appropriate.

Qualifications/Training

Rev. Code § 2151.281; OH Sup. R. Rule 48

The GAL shall not be the attorney responsible for presenting the evidence alleging that the child is an abused or 

neglected child and shall not be an employee of any party in the proceeding.

If the GAL is an attorney admitted to the practice of law in this State, the GAL also may serve as counsel to the child. 

When a court appoints an attorney to serve as both the GAL and attorney for a child, the attorney shall advocate for 

the child’s best interests and the child’s wishes in accord with the Rules of Professional Conduct. Attorneys who are 

appointed to serve as both GAL and attorney should be aware of Rule 3.7 of the Rules of Professional Conduct and act 

accordingly.

If the court appoints a person who is not an attorney to be a GAL, the court also may appoint an attorney to serve as 

counsel for the GAL.

Upon request, the Department of Job and Family Services shall provide for the training of volunteer GALs.

Specific Duties

Rev. Code § 2151.281 

The court shall require the GAL to faithfully discharge his or her duties and, upon his or her failure to faithfully discharge 

his or her duties, shall discharge the GAL and appoint another GAL.

The GAL shall continue to serve until any of the following occur:

• The complaint is dismissed or the request for an extension of a temporary custody agreement or for court 

approval of the permanent custody agreement is withdrawn or denied

• All dispositional orders relative to the child have terminated

• The legal custody of the child is granted to a relative or another person

• The child is placed in an adoptive home

• The child reaches age 18 and is not mentally retarded, developmentally disabled, or physically impaired, or the 

child reaches age 21 and is mentally retarded, developmentally disabled, or physically impaired

• The GAL resigns or is removed by the court and a replacement is appointed by the court
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Specific Duties (Cont.)

Rev. Code § 2151.281

The GAL shall perform whatever functions are necessary to protect the best interests of the child, including, but not 

limited to:

• Investigating

• Providing mediation

• Monitoring court proceedings 

• Monitoring the services provided to the child by the public children services agency or private child-placing 

agency that has temporary or permanent custody of the child

• Filing any motions and other court papers that are in the best interests of the child

The GAL shall be given notice of all hearings, administrative reviews, and other proceedings in the same manner as 

notice is given to parties to the action.

How the Representative Is Compensated

Rev. Code § 2151.281

The court may fix the compensation for the service of the GAL, which shall be paid from the treasury of the county, 

subject to rules adopted by the Supreme Court.

Oklahoma

Making the Appointment

Ann. Stat. Tit. 10A, §§ 1-4-102; 1-4-306

If, in any proceeding concerning child custody or visitation, the evidence indicates that a child has been subject to abuse 

or neglect, the court shall appoint an attorney to represent the child for that proceeding and any related proceedings 

and may appoint a guardian ad litem (GAL) for the child as permitted by law.

The court may appoint an attorney or GAL for the child when an emergency custody hearing is held provided that when 

a petition is filed alleging the child to be deprived, the court shall appoint a separate attorney for the child, who shall 

not be a district attorney, regardless of any attempted waiver by the parent, legal guardian, or custodian of the child of 

the right of the child to be represented by counsel. The child’s attorney shall be independent of and not selected by the 

district attorney, the child’s parent, legal guardian, or custodian. 

The court shall ensure that the child is represented by independent counsel throughout the pendency of the deprived 

action. 

After a petition is filed, the court shall appoint a GAL upon the request of the child or the attorney of the child, and may 

appoint a GAL on its own motion or upon the request of the Department of Human Services, a licensed child-placing 

agency, or another party to the action.

A GAL shall not be a district attorney, an employee of the office of the district attorney, the child’s attorney, an employee 

of the court, an employee of a juvenile bureau, or an employee of any public agency having duties or responsibilities for 

the child.
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The Use of Court-Appointed Special Advocates (CASAs) 

Ann. Stat. Tit. 10A, §§ 1-1-105; 1-4-306

A court-appointed special advocate (CASA) is a responsible adult volunteer who has been trained and is supervised by a 

CASA program recognized by the court, and when appointed by the court, serves as an officer of the court as a GAL. 

A CASA program is an organized program, administered by either an independent, not-for-profit corporation; a 

dependent project of an independent, not-for-profit corporation; or a unit of local government that recruits, screens, 

trains, assigns, supervises, and supports volunteers to be available for appointment by the court as GALs. 

When a CASA program is available to the court to provide a GAL, priority may be given to appointment of the CASA to 

serve as GAL for the child regardless of whether a GAL has been requested pursuant to the provisions of this subsection.

For purposes of the Oklahoma Children’s Code, a CASA and a GAL shall have the same function except as otherwise 

provided by law. In like manner, a CASA, except as specifically otherwise provided by law or by the court, shall have the 

same power, duties, and responsibilities assigned to a GAL by law and shall have such other qualifications, duties, and 

responsibilities as may be prescribed by rule by the Supreme Court.

Qualifications/Training

Ann. Stat. Tit. 10A, § 1-4-306

On or before December 31, 2009, the Administrative Director of the Courts shall develop a standard operating manual 

for GALs that shall include, but not be limited to, legal obligations and responsibilities, information concerning child 

abuse, child development, domestic abuse, sexual abuse, and parent and child behavioral health and management 

including best practices. After publication of the manual, all GALs shall certify to the court in which he or she is 

appointed as a GAL that the manual has been read and all provisions contained therein are understood. The GAL shall 

also certify that he or she agrees to follow the best practices described within the standard operating manual. The 

Administrative Director of the Courts shall provide public access to the standard operating manual and shall periodically 

review and revise the manual as deemed necessary.

Specific Duties

Ann. Stat. Tit. 10A, § 1-4-306

The attorney appointed for the child shall make arrangements to meet with the child as soon as possible after receiving 

notification of the appointment. To the extent that a child is unable to express an interest, either because the child 

is preverbal, very young, or for any reason incapable of judgment and meaningful communication, the attorney shall 

substitute his or her judgment for that of the child and formulate and present a position that serves the best interests 

of the child. Such formulation must be accomplished through the use of objective criteria rather than solely the life 

experience or instinct of the attorney. The objective criteria shall include, but not be limited to:

• A determination of the circumstances of the child through a full and efficient investigation

• An assessment of the child at the time of the determination

• An examination of all options in light of the permanency plans available to the child

• Utilization of medical, mental health, and educational professionals; social workers; and other related experts

The attorney shall represent the child and any expressed interests of the child. The attorney shall make such further 

inquiry as the attorney deems necessary to ascertain the facts, to interview witnesses, examine and cross-examine 

witnesses, make recommendations to the court, and participate further in the proceedings to the degree appropriate for 

adequately representing the interests of the child.
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Specific Duties (Cont.)

Ann. Stat. Tit. 10A, § 1-4-306

The GAL shall be appointed to objectively advocate on behalf of the child and act as an officer of the court to investigate 

all matters concerning the best interests of the child. A GAL shall have the following responsibilities:

• Review documents, reports, records, and other information relevant to the case; meet with and observe the child 

in appropriate settings; and interview parents, foster parents, health-care providers, child protective services 

workers, and any other person with knowledge relevant to the case

• Advocate for the best interests of the child by participating in the case, attending any hearings in the matter, and 

advocating for appropriate services for the child when necessary 

• Monitor the best interests of the child throughout any judicial proceeding

• Present written reports on the best interests of the child that include conclusions and recommendations and the 

facts upon which they are based

The GAL shall be given access to court and agency files and all documents, reports, records, and other information 

relevant to the case, including reports generated by service providers.

How the Representative Is Compensated

Ann. Stat. Tit. 10A, § 1-4-306

If financially capable, the parent, legal guardian, or custodian shall reimburse the Court Fund for the services of a courtappointed attorney for the child. The attorney shall be allowed a reasonable fee for such services as determined by the 

court.

When an attorney is required to travel to more than one district court location in order to represent a child or children 

whom the attorney has been court-appointed to represent, the court may in its discretion allow the attorney a reasonable 

reimbursement for mileage.

A CASA shall serve without compensation.

Oregon

Making the Appointment

Rev. Stat. §§ 419A.170; 419B.195

In every case under Chapter 419B, the court shall appoint a court-appointed special advocate (CASA). If a juvenile court 

does not have available to it a CASA Volunteer Program or a sufficient number of qualified CASA volunteers, the court 

may, in fulfillment of the requirements of this section, appoint a juvenile department employee or other suitable person 

to represent the child’s interest in court pursuant to § 419B.195.

If the child, parent, or guardian requests counsel for the child but is without sufficient financial means to employ suitable 

counsel possessing skills and experience commensurate with the nature of the petition and the complexity of the case, 

the court may appoint suitable counsel to represent the child at State expense if the child is determined to be financially 

eligible under the policies, procedures, standards, and guidelines of the Public Defense Services Commission. Whenever 

requested to do so, the court shall appoint counsel to represent the child in a case filed pursuant to § 419B.100. The 

court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards, and 

guidelines of the Public Defense Services Commission
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The Use of Court-Appointed Special Advocates (CASAs)

Rev. Stat. § 419A.170

For the purposes of a Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.) grant to this State under Public 

Law 93-247, or any related State or Federal legislation, a CASA or other person appointed pursuant to this section is 

deemed a guardian ad litem to represent the interests of the child in proceedings before the court.

There is created a CASA Fund in the General Fund. The fund consists of all moneys credited to it. Moneys in the CASA 

Fund are continuously appropriated to the State Commission on Children and Families and may be used only to carry 

out the purposes of this section. The commission may apply for and receive funds from Federal and private sources for 

carrying out the provisions of this section.

The State commission may expend moneys from the CASA Fund directly or indirectly through contracts or grants for the 

creation, supervision, and operation of CASA Volunteer Programs statewide. The commission may also expend moneys 

from the CASA Fund to pay the reasonable costs of administration of the CASA Fund. The commission shall adopt rules 

for carrying out its responsibilities.

Qualifications/Training

This issue is not addressed in the statutes reviewed.

Specific Duties

Rev. Stat. § 419A.170

The CASA is deemed a party in these proceedings, and in the furtherance thereof, may be represented by counsel, file 

pleadings, request hearings, and may subpoena, examine, and cross-examine witnesses.

Subject to the direction of the court, the duties of the CASA are to:

• Investigate all relevant information about the case

• Advocate for the child, ensuring that all relevant facts are brought before the court

• Facilitate and negotiate to ensure that the court, Department of Human Services, if applicable, and the child’s 

attorney, if any, fulfill their obligations to the child in a timely fashion

• Monitor all court orders to ensure compliance and to bring to the court’s attention any change in circumstances 

that may require a modification of the court’s order

Upon presentation of the order of appointment by the CASA, any agency, hospital, school organization, division, office 

or department of the State, doctor, nurse or other health-care provider, psychologist, psychiatrist, police department, or 

mental health clinic shall permit the CASA to inspect and copy, and may consult with the CASA regarding, any records 

relating to the child involved in the case, without the consent of the child or parents.

How the Representative Is Compensated

Rev. Stat. § 419A.170

If the CASA is represented by counsel, counsel shall be paid from funds available to the CASA Volunteer Program. No 

funds from the Public Defense Services Account or Judicial Department operating funds may be used for this purpose. 

Whenever the court appoints a CASA or other person to represent the child, it may require a parent, if able, or guardian 

of the estate, if the estate is able, to pay, in whole or in part, the reasonable costs of CASA services including reasonable 

attorney fees.

Pennsylvania

Making the Appointment

Cons. Stat. Tit. 42, §§ 6311; 6342

When a proceeding has been initiated alleging that the child is a dependent child, the court shall appoint a guardian ad 

litem (GAL) to represent the legal interests and the best interests of the child.

The court may appoint or discharge a court-appointed special advocate (CASA) at any time during a proceeding or 

investigation regarding dependency.
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The Use of Court-Appointed Special Advocates (CASAs)

Cons. Stat. Tit. 42, §§ 6302; 6342

A CASA is an individual appointed by the court to participate as an advocate for a child who is dependent or alleged to 

be dependent. Following appointment by the court, the CASA shall:

• Have full access to and review all records, including child protective services records, relating to the child and 

other information, unless otherwise restricted by the court

• Interview the child and other appropriate persons as necessary to develop his or her recommendations

• Receive reasonable prior notice of all hearings, staff meetings, investigations, or other proceedings relating to the 

child

• Receive reasonable prior notice of the movement of the child from one placement to another placement, the 

return of a child to the home, the removal of a child from the home, or any action that materially affects the 

treatment of the child

• Submit written reports to the court to assist the court in determining the disposition best suited to the health, 

safety, and welfare of the child

• Submit copies of all written reports and recommendations to all parties and any attorney of a party

Qualifications/Training

Cons. Stat. Tit. 42, §§ 6311; 6342

The GAL must be an attorney-at-law.

Prior to appointment, a CASA shall: 

• Be age 21 or older

• Successfully pass screening requirements, including criminal history and child abuse background checks

• Successfully complete the training requirements established under § 6342(f) and by the court of common pleas of 

the county where the CASA will serve

The Juvenile Court Judges’ Commission shall develop standards governing the qualifications and training of CASAs.

Specific Duties

Cons. Stat. Tit. 42, § 6311

The GAL shall be charged with representation of the legal interests and the best interests of the child at every stage of 

the proceedings and shall do all of the following:

• Meet with the child as soon as possible following appointment and on a regular basis thereafter in a manner 

appropriate to the child’s age and maturity

• On a timely basis, be given access to relevant court and county agency records, reports of examination of the 

parents or other custodian of the child, and medical, psychological, and school records

• Participate in all proceedings and administrative hearings and reviews to the degree necessary to adequately 

represent the child

• Conduct such further investigation necessary to ascertain the facts 

• Interview potential witnesses, including the child’s parents, caregivers, and foster parents, examine and crossexamine witnesses, and present witnesses and evidence necessary to protect the best interests of the child

• At the earliest possible date, be advised by the county agency having legal custody of the child of:

» Any plan to relocate the child or modify custody or visitation arrangements, and the reasons why, prior to the 

relocation or change in custody or visitation 

» Any proceeding, investigation, or hearing directly affecting the child

• Make specific recommendations to the court relating to the appropriateness and safety of the child’s placement 

and services necessary to address the child’s needs and safety

• Explain the proceedings to the child as appropriate to the child’s age and mental and emotional condition

• Advise the court of the child’s wishes to the extent that they can be ascertained and present to the court whatever 

evidence exists to support the child’s wishes

A difference between the child’s wishes and the GAL’s recommendations shall not be considered a conflict of interest for 

the GAL.
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How the Representative Is Compensated

This issue is not addressed in the statutes reviewed.

Puerto Rico

Making the Appointment

Ann. Laws Tit. 8, § 447a

The interests of a child who has been declared to be the alleged victim of abuse, institutional abuse, neglect, and/or 

institutional neglect in court shall be represented by a family advocate.

The Use of Court-Appointed Special Advocates (CASAs)

This issue is not addressed in the statutes reviewed.

Qualifications/Training

This issue is not addressed in the statutes reviewed.

Specific Duties

Ann. Laws Tit. 8, § 447y 

Family advocates shall be entrusted with the task of prosecuting, on behalf of the Government of the Commonwealth 

of Puerto Rico, whatever actions may be in order as the result of investigations carried out on abuse, institutional abuse, 

neglect, and/or institutional neglect of children.

Insofar as it is possible, and taking into consideration the age and maturity of the children, family advocates shall keep 

them informed of the decisions that affect them.

How the Representative Is Compensated

This issue is not addressed in the statutes reviewed.

Rhode Island

Making the Appointment

Gen. Laws § 40-11-14

Any child who is alleged to be abused or neglected as a subject of a petition filed in family court shall have a guardian 

ad litem (GAL) and/or a court-appointed special advocate (CASA) appointed by the court to represent this child, all in the 

discretion of the court.

The Use of Court-Appointed Special Advocates (CASAs)

Gen. Laws § 40-11-14

The court may appoint a CASA to represent the child.

Qualifications/Training

Gen. Laws § 42-73-7

The child advocate shall provide training and technical assistance to GALs and CASAs appointed by the family court to 

represent children in proceedings before that court.

Specific Duties

This issue is not addressed in the statutes reviewed.

How the Representative Is Compensated

This issue is not addressed in the statutes reviewed.
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South Carolina

Making the Appointment

Ann. Code § 63-7-1620

In all child abuse and neglect proceedings children must be appointed a guardian ad litem (GAL) by the family court. A 

GAL serving on behalf of the South Carolina Guardian ad Litem Program or Richland County CASA must be represented 

by legal counsel in any judicial proceeding pursuant to § 63-11-530(C).

The family court may appoint legal counsel for the child. Counsel for the child may not be the same as counsel for:

• The parent, legal guardian, or other person subject to the proceeding

• Any government or social agency involved in the proceeding

• The child’s GAL

The Use of Court-Appointed Special Advocates (CASAs)

Ann. Code § 63-11-500

The Cass Elias McCarter Guardian ad Litem Program in South Carolina is a statewide system that provides training and 

supervision to volunteers who serve as court-appointed special advocates (CASAs) for children in abuse and neglect 

proceedings within the family court. This program must be administered by the Office of the Governor.

Notwithstanding the provisions above, a county providing GAL services prior to June 3, 2010, may continue to provide 

such services, provided the county GAL program is a member of the National Court Appointed Special Advocate 

Association. However, a county GAL program operating pursuant to this subsection must comply with all State and 

Federal laws, even if compliance with State or Federal laws would result in the violation of a requirement for membership 

in the National Court Appointed Special Advocate Association. 

Qualifications/Training

Ann. Code §§ 63-3-820; 63-11-520

A GAL must be age 25 or older and possess a high school diploma or its equivalent. An attorney-GAL must annually 

complete a minimum of 6 hours of family law continuing legal education credit in the areas of custody and visitation; 

however, this requirement may be waived by the court. 

For initial qualification, a lay GAL must have completed a minimum of 9 hours of continuing education in the areas of 

custody and visitation and 3 hours of continuing education related to substantive law and procedure in family court. The 

courses must be approved by the Supreme Court Commission on Continuing Legal Education and Specialization. A lay 

GAL also must observe three contested custody merit hearings prior to serving as a GAL. The lay GAL must maintain 

a certificate showing that observation of these hearings has been completed. This certificate, which shall be on a form 

approved by Court Administration, shall state the names of the cases, the dates, and the judges involved, and shall be 

attested to by the respective judge. Lay GALs must complete annually 6 hours of continuing education courses in the 

areas of custody and visitation. 

No person may be appointed as a GAL for a child in an abuse or neglect proceeding who has been convicted of any 

crime listed in Title 16, Chapter 3, Offenses Against the Person; Title 16, Chapter 15, Offenses Against Morality and 

Decency; Title 44, Chapter 53, Article 3, Narcotics and Controlled Substances; or for the crime of contributing to the 

delinquency of a minor, provided for in § 16-17-490. 
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Specific Duties

Ann. Code §§ 63-11-510; 63-11-530; 63-11-540

The responsibilities and duties of a GAL are to:

• Represent the best interests of the child

• Advocate for the welfare and rights of the child

• Conduct an independent assessment of the facts, the needs of the child, and the available resources within the 

family and community to meet those needs

• Maintain accurate, written case records 

• Provide the court with a written report that includes an evaluation and assessment of the issues brought before the 

court and recommendations for the case plan, the wishes of the child, if appropriate, and subsequent disposition 

of the case

• Monitor compliance with the orders of the court and to make the motions necessary to enforce the orders of the 

court or seek judicial review

• Protect and promote the best interests of the child until formally relieved of the responsibility by the court

The GAL shall receive appropriate notice of all court hearings and proceedings regarding the child. The obligation of the 

GAL to the court is a continuing one and continues until formally relieved by the court. The GAL is authorized to:

• Confer with and observe the child involved

• Interview persons involved in the case

• Participate on any multidisciplinary evaluation team for the case

The GAL is authorized through counsel to introduce, examine, and cross-examine witnesses in any proceeding involving 

the child and participate in the proceedings to any degree necessary to represent the child adequately.

All reports made and information about the case must be made available to the GAL by the Department of Social 

Services. Upon proof of appointment as GAL and upon his or her request, access to information must be made available 

to the GAL by the appropriate medical and dental authorities, psychologists, social workers, counselors, schools, and any 

agency providing services to the child.

How the Representative Is Compensated

This issue is not addressed in the statutes reviewed.

South Dakota

Making the Appointment

Ann. Stat. §§ 26-8A-18; 26-8A-20

The court shall appoint an attorney for any child alleged to be abused or neglected in any judicial proceeding. The court 

may designate other persons, including a guardian ad litem (GAL) or special advocate to assist the attorney of the child 

in the performance of the attorney’s duties.

If a child has been adjudicated an abused or neglected child and is removed from the home of the child’s parents, 

guardian, or custodian, the court shall appoint a GAL or a special advocate to represent the best interests of the child 

and to assist the child’s attorney.

The Use of Court-Appointed Special Advocates (CASAs)

This issue is not addressed in the statutes reviewed.

Qualifications/Training

Ann. Stat. § 26-8A-18

The GAL or special advocate may or may not be an attorney licensed to practice law.
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Specific Duties

Ann. Stat. §§ 26-8A-18; 26-8A-20

The attorney for the child shall represent the child’s best interests and may not be the attorney for any other party 

involved in the judicial proceedings. A GAL or special advocate shall represent the best interests of the child and assist 

the child’s attorney in the performance of the attorney’s duties.

The GAL or special advocate is an officer of the court for the purpose of representing the child’s best interests. The GAL 

or special advocate shall receive all reports concerning the child and may cause the case to be reviewed by the court. 

How the Representative Is Compensated

Ann. Stat. §§ 26-8A-18; 26-8A-19; 26-7A-31

Compensation and expense allowances for the child’s attorney shall be determined and paid according to § 26-7A-31.

Reasonable and just compensation for services of a court-appointed attorney and for necessary expenses and costs 

incident to the proceedings shall be determined by the court within guidelines established by the presiding judge of the 

circuit court and shall be paid by the county in which the action is being conducted according to the manner prescribed 

by the court. If the court-appointed attorney is a party to a contract with the county to provide indigent counsel pursuant 

to § 23A-40-7(3), the compensation for that attorney shall be what the attorney would receive under the contract. This 

section does not preclude the court from appointing an attorney for a child as required by provisions of chapter 26-8A.

The Office of the State Treasurer shall maintain an Abused and Neglected Child Defense Fund. All moneys in the fund 

shall be annually distributed by the State treasurer to the counties on a pro rata basis. The State treasurer shall, within 

60 days of the end of the fiscal year, determine and verify from receipts and expenditure records the total expenditures 

by all counties in the State for the representation of abused and neglected children. He or she shall then establish a 

percentage ratio between moneys collected in the fund for the past fiscal year and the total expenditures by counties 

for the representation of abused and neglected children. That percentage ratio shall then be applied to each county’s 

expenditure for the representation of abused and neglected children to determine its respective payment from the fund. 

Tennessee

Making the Appointment

Ann. Code §§ 37-1-149; 37-1-610

In any proceeding resulting from a report of harm or an investigation report under §§ 37-1-401 to 37-1-411, the court 

shall appoint a guardian ad litem (GAL) for the child who was the subject of the report. A party to the proceeding or 

the party’s employee or representative shall not be appointed. A court-appointed special advocate (CASA) may also be 

appointed.

A GAL shall be appointed to represent the child in any child sexual abuse proceeding.

The Use of Court-Appointed Special Advocates (CASAs)

Ann. Code § 37-1-149

The court may also appoint a nonlawyer special advocate trained in accordance with that role and in accordance with 

the standards of the Tennessee Court Appointed Special Advocates Association (CASA) Association to act in the best 

interests of a child before, during, and after court proceedings.

The CASA shall conduct such investigation and make such reports and recommendations pertaining to the welfare of a 

child as the court may order or direct.

Qualifications/Training

Ann. Code § 37-1-149

Any GAL appointed by the court shall receive training appropriate to that role prior to such appointment.
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Specific Duties

Ann. Code § 37-1-602; TN Sup. Ct. Rule 40

A GAL is a responsible adult who is appointed by the court to represent the best interests of a child in a proceeding as 

provided for by law, who shall be a party to any judicial proceeding as a representative of the child, and who shall serve 

until discharged by the court. 

The GAL must investigate fully all of the circumstances relevant to the child’s position, marshal every reasonable 

argument that could be made in favor of the child’s position, identify all the factual support for the child’s position, 

discuss fully with the child and make sure that the child understands the different options or positions that might be 

available, including the potential benefits and risks of each option or position, and the likelihood of prevailing on each 

option or position. In the event that the GAL disagrees with the position the child urges the GAL to take, the GAL may 

request that the court appoint another lawyer to serve as the GAL or advocate for both positions simultaneously.

How the Representative Is Compensated

Ann. Code § 37-1-610

The court shall order the perpetrator in all cases, whether such person is a parent or other person, to fully reimburse 

the court for the cost of provision of GAL services. Reimbursement to the individual providing such services shall not be 

contingent upon successful collection by the court from the parent or parents.

Texas

Making the Appointment

Family Code §§ 107.001; 107.011; 107.012

In a suit filed concerning alleged abuse or neglect of a child, the court shall appoint a guardian ad litem (GAL) to 

represent the best interests of the child immediately after the filing of the petition but before the full adversary hearing. 

The court shall also appoint an attorney ad litem to represent the interests of the child to ensure adequate representation 

of the child. 

A GAL is a person appointed to represent the best interests of a child. The term includes:

• A volunteer advocate

• A professional, other than an attorney, who holds a relevant professional license and whose training relates to the 

determination of a child’s best interests

• An adult having sufficient competence, training, and expertise to represent the best interests of the child

• An attorney ad litem appointed to serve in the dual role of attorney ad litem and GAL 

The court may not appoint a GAL if an attorney is appointed in the dual role unless the court appoints another person to 

serve as GAL for the child and restricts the role of the attorney to acting as an attorney ad litem for the child. The court 

may appoint an attorney to serve as GAL for a child without appointing the attorney to serve in the dual role only if the 

attorney is specifically appointed to serve only in the role of GAL.

In order to comply with the mandatory appointment of a GAL and attorney ad litem, the court may appoint an attorney 

to serve in the dual role. If the court appoints an attorney to serve in the dual role, the court may at any time during 

the pendency of the suit appoint another person to serve as GAL for the child and restrict the attorney to acting as an 

attorney ad litem for the child.
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The Use of Court-Appointed Special Advocates (CASAs)

Family Code §§ 107.031; 264.601 

In a suit alleging child abuse or neglect, the court may appoint a charitable organization composed of volunteer 

advocates whose charter mandates the provision of services to allegedly abused and neglected children or appoint an 

individual who has received the court’s approved training regarding abused and neglected children and who has been 

certified by the court to appear at court hearings as a GAL for the child or as a volunteer advocate for the child.

A court-certified volunteer advocate appointed under this section may be assigned to act as a surrogate parent for the 

child, as provided by 20 U.S.C. § 1415(b), if:

• The child is in the conservatorship of the Department of Family and Protective Services.

• The volunteer advocate is serving as GAL for the child.

• A foster parent of the child is not acting as the child’s parent under § 29.015, Education Code.

‘Volunteer advocate program’ means a volunteer-based, nonprofit program that:

• Provides advocacy services to abused or neglected children with the goal of obtaining a permanent placement for 

a child that is in the child’s best interests

• Complies with recognized standards for volunteer advocate programs

Qualifications/Training

Family Code §§ 107.001; 107.003; 107.004 

An attorney ad litem provides legal services to a child. He or she owes the child undivided loyalty, confidentiality, and 

competent representation. 

An attorney ad litem appointed to represent a child must be trained in child advocacy or have experience determined 

by the court to be equivalent to that training. The attorney ad litem shall, as appropriate, considering the nature of the 

appointment, become familiar with the American Bar Association’s standards of practice for attorneys who represent 

children in abuse and neglect cases, the suggested amendments to those standards adopted by the National Association 

of Counsel for Children, and the American Bar Association’s standards of practice for attorneys who represent children in 

custody cases.

An attorney ad litem shall complete at least three hours of continuing legal education relating to child advocacy as soon 

as practicable after his or her appointment. An attorney ad litem is not required to comply with this subsection if the 

court finds that he or she has experience equivalent to the required education.

The continuing legal education must:

• Be low-cost and available to persons throughout the State, including on the Internet provided by the State Bar of 

Texas

• Focus on the duties of an attorney ad litem in, the procedures of, and the best practices for a child welfare 

proceeding
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Specific Duties

Family Code § 107.003; 107.004; 107.008

An attorney ad litem shall:

• Within a reasonable time, interview:

» The child in a developmentally appropriate manner if the child is age 4 or older

» Each person who has significant knowledge of the child’s history and condition, including any foster parent

• Seek to elicit the child’s expressed wishes

• Consider the impact on the child in presenting the child’s wishes to the court

• Investigate the facts of the case

• Review copies of relevant records relating to the child

• Participate in the litigation to the same extent as an attorney for a party

• Receive a copy of each pleading filed with the court and notice of each hearing

• Participate in any agency staffing concerning the child

The attorney shall advise the child, represent the child’s expressed wishes, and follow the child’s wishes during the 

course of litigation if he or she determines that the child is competent to understand the nature of an attorney-client 

relationship.

The attorney ad litem shall meet before each court hearing with:

• The child if the child is at least age 4

• The person with whom the child ordinarily resides if the child is younger than age 4

Effective September 1, 2011: If the child or person is not present at the court hearing, the attorney must file a written 

statement with the court indicating that the attorney has met with the child or person as required. The meeting must take 

place:

• At a sufficient time before the hearing to allow the attorney to prepare for the hearing in accordance with the 

child’s expressed objectives of representation

• In a private setting that allows for confidential communications between the attorney and the child or individual 

with whom the child ordinarily resides, as applicable

Specific Duties (Cont.)

Family Code § 107.003; 107.004; 107.008

The attorney may determine that the child cannot meaningfully express his or his wishes because the child:

• Lacks sufficient maturity to understand and form an attorney-client relationship

• Despite appropriate counseling, continues to express wishes that would be seriously injurious to the child

• For any other reason is incapable of making reasonable judgments

When this is the case, the attorney may present to the court a position that he or she determines will serve the best 

interests of the child.

If a GAL has been appointed for the child, an attorney who determines that the child cannot meaningfully express his or 

her wishes:

• Shall consult with the GAL and present to the court the GAL’s recommendations regarding the best interests of the 

child

• May present to the court a position that the attorney feels will serve the best interests of the child
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How the Representative Is Compensated

Family Code § 107.015

An attorney appointed to serve as an attorney ad litem for a child or an attorney in a dual role is entitled to reasonable 

fees and expenses in the amount set by the court to be paid by the parents of the child unless the parents are indigent.

If the court determines that one or more of the parties are able to defray the fees and expenses of an attorney ad litem

or GAL for the child as determined by the reasonable and customary fees for similar services in the county of jurisdiction, 

the fees and expenses may be ordered paid by one or more of those parties, or the court may order one or more of 

those parties, prior to final hearing, to pay the sums into the registry of the court or into an account authorized by the 

court for the use and benefit of the payee on order of the court. The sums may be taxed as costs to be assessed against 

one or more of the parties.

If indigence of the parents is shown, an attorney ad litem appointed to represent a child shall be paid from the general 

funds of the county according to the fee schedule. The court may not award attorney ad litem fees against the State, a 

State agency, or a political subdivision of the State except as provided by this subsection.

A person appointed as a GAL or attorney ad litem shall complete and submit to the court a voucher or claim for payment 

that lists the fees charged and hours worked by the GAL or attorney ad litem.

Utah

Making the Appointment

Ann. Code §§ 78A-6-902; 78A-2-227

The court:

• May appoint an attorney guardian ad litem (GAL) to represent the best interest of a minor involved in any case 

before the court 

• Shall consider the best interest of a child, consistent with the provisions of § 62A-4a-201, in determining whether 

to appoint a GAL

In all cases in which an attorney GAL is appointed, the court shall make a finding that establishes the necessity of the 

appointment.

An attorney GAL shall represent the best interests of each child who may become the subject of a petition alleging 

abuse, neglect, or dependency, from the day, whichever is earlier, that: 

• The child is removed from the child’s home by the division. 

• The petition is filed.

The Use of Court-Appointed Special Advocates (CASAs)

Ann. Code § 78A-6-902

An attorney GAL may use trained volunteers, trained paralegals, and other trained staff to assist in investigation and 

preparation of information regarding the cases of individual minors before the court. The attorney GAL may not delegate 

the attorney’s responsibilities described below.

All volunteers, paralegals, and staff utilized pursuant to this section shall be trained in and follow, at a minimum, the 

guidelines established by the Court Appointed Special Advocate Association. 

The court may use trained volunteers to assist in investigation and preparation of information regarding the cases of 

individual minors within the jurisdiction.

When possible and appropriate, the court may use a volunteer who is a peer of the minor appearing before the court, in 

order to provide assistance to that minor, under the supervision of an attorney GAL or the attorney’s trained volunteer, 

paralegal, or other trained staff.
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Qualifications/Training

Ann. Code §§ 78A-6-901; 78A-6-902

The Office of Guardian Ad Litem director shall establish policy and procedure for the management of a statewide GAL 

program, including, but not limited to: 

• Managing the GAL program to ensure that minors receive qualified GAL services in abuse, neglect, and 

dependency proceedings in accordance with State and Federal law and policy

• Developing standards for contracts of employment and contracts with independent contractors to employ or 

contract with attorneys licensed to practice law in this State to act as attorney GALs 

• Developing and providing training programs for attorney GALs and volunteers in accordance with National Court 

Appointed Special Advocates Association standards

• Developing a GAL manual, combining elements of the National Court Appointed Special Advocates Association 

manual with specific information about the law and policy of this State

• Developing and providing a library of materials for the continuing education of attorney GALs and volunteers

• Educating court personnel regarding the role and function of GALs

A contract of employment or independent contract shall provide that attorney GALs in the second, third, and fourth 

judicial districts devote their full time and attention to the role of attorney GAL, having no clients other than the minors 

whose interests they represent within the GAL program.

Prior to representing any minor before the court, the attorney GAL shall be trained in:

• Applicable statutory, regulatory, and case law

• Accordance with the National Court Appointed Special Advocate Association guidelines

Specific Duties

Ann. Code § 78A-6-902

The attorney GAL shall:

• Represent the best interests of the minor in all proceedings 

• Conduct an independent investigation to obtain firsthand a clear understanding of the situation and needs of the 

child

• Meet with the child, interview the child if he or she is old enough to communicate, determine the child’s goals and 

concerns regarding placement, and assess the appropriateness and safety of each placement

• File written motions, responses, or objections at all stages of a proceeding when necessary

• Attend all administrative and foster care citizen review board hearings pertaining to the child’s case

• Participate in all appeals unless excused by the court

• Be familiar with local experts who can provide consultation and testimony regarding the reasonableness and 

appropriateness of efforts made by the Division of Child and Family Services

• To the extent possible, unless it would be detrimental to the child, keep the child advised of:

» The status of his or her case

» All court and administrative proceedings

» Discussions with, and proposals made by, other parties

» Court actions

» The psychiatric, medical, or other treatment or services that are to be provided to the child

• Monitor implementation of a minor’s child and family plan and any dispositional orders to determine whether 

services ordered by the court are actually provided, are provided in a timely manner, and are accomplishing the 

intended goal of the services

The GAL shall continue to represent the child until released by the court.

If the child’s wishes differ from the GAL’s determination of the child’s best interests, the GAL shall communicate the child’s 

wishes to the court in addition to presenting the GAL’s determination of the child’s best interests. A difference between 

the child’s wishes and the GAL’s determination of best interests may not be considered a conflict of interest for the GAL.
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How the Representative Is Compensated

Ann. Code § 78A-6-902

The juvenile court is responsible for:

• All costs resulting from the appointment of an attorney GAL

• The costs of volunteer, paralegal, and other staff appointment and training

The court shall use funds appropriated by the legislature for the GAL program to cover the costs described above.

When the court appoints an attorney GAL under this section, the court may assess all or part of the attorney fees, 

court costs, and paralegal, staff, and volunteer expenses against the child’s parents, parent, or legal guardian in a 

proportion that the court determines to be just and appropriate. The court may not assess those fees or costs against 

a legal guardian when that guardian is the State or a parent who is found to be impecunious. If a person claims to be 

impecunious, the court shall:

• Require that person to submit an affidavit of impecuniosity as provided in § 78A-2-302

• Follow the procedures and make the determinations as provided in § 78A-2-304

Vermont

Making the Appointment

Ann. Stat. Tit. 33, § 5112

An attorney shall be appointed for a child who is a party to a proceeding brought under the juvenile judicial proceedings 

chapters. In addition, a guardian ad litem (GAL) shall be appointed for a child who is a party to a proceeding brought 

under the juvenile judicial proceedings chapters.

The Use of Court-Appointed Special Advocates (CASAs)

This issue is not addressed in the statutes reviewed.

Qualifications/Training

Ann. Stat. Tit. 33, § 5112

In a delinquency proceeding, a parent, guardian, or custodian of the child may serve as a GAL for the child, providing his 

or her interests do not conflict with the interests of the child. The GAL appointed under this section shall not be a party 

to that proceeding or an employee or representative of such party.

Specific Duties

VT Rules Fam. Proc., Rule 6.1

The GAL shall act as an independent advisor and advocate whose goal shall be to safeguard the respondent’s best 

interest and legal rights. When the respondent can effectively communicate his or her wishes with respect to any aspect 

of the proceedings, the GAL’s advocacy shall be consistent with the expressed wishes of the respondent, and the GAL 

shall state no fact nor disclose any opinion in regard to that aspect of the proceeding except with the express consent of 

the respondent. 

Each GAL shall meet with the respondent, the respondent’s attorney, and others who may be necessary for an 

understanding of the issues in the proceeding. The GAL shall not contact the court ex parte, nor disclose confidential 

or privileged information to opposing parties without the express consent of the respondent after consultation with 

counsel. The GAL shall be familiar with all pertinent pleadings, reports, and other documents. The GAL shall discuss with 

the respondent and the respondent’s attorney all options that may be presented to the court and shall assist the attorney 

in advising the respondent regarding those options. 

How the Representative Is Compensated

This issue is not addressed in the statutes reviewed.
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Virgin Islands

Making the Appointment

Ann. Code Tit. 5, § 2542

In every case of child abuse or neglect, the court shall appoint counsel for the child to act in the role of guardian ad litem

(GAL).

The Use of Court-Appointed Special Advocates (CASAs)

Ann. Code Tit. 5, § 2555

The court may appoint a person from a Court Appointed Special Advocates (CASA) Program to represent the interests of 

abused and neglected children in court proceedings. By court order, court rule, or other written agreement with a CASA 

Program, the court will define the working relationship between the program and the court. The court may appoint a 

CASA Program member to represent a child as a GAL. 

Qualifications/Training

Ann. Code Tit. 5, § 2542

Such counsel shall be willing and competent by training or experience in representing the interests of a child in such 

proceedings.

Specific Duties

Ann. Code Tit. 5, § 2542

The GAL shall be given access to all reports relevant to the case and to any reports of examination of the child’s parents, 

guardian, or custodian. The GAL shall be charged with the representation of the child’s rights, welfare, interests, and wellbeing and to advocate the child’s viewpoint. To these ends, the GAL shall make such further investigation as he or she 

deems necessary.

In addition, the GAL may interview witnesses, examine and cross-examine witnesses, introduce other evidence, make 

recommendations to the court, and participate in the proceedings to the degree appropriate for adequately representing 

the child.

How the Representative Is Compensated

This issue is not addressed in the statutes reviewed.

Virginia

Making the Appointment

Ann. Code §§ 16.1-266; 9.1-153

Prior to the hearing by the court of any case involving a child who is alleged to be abused or neglected or who is the 

subject of an entrustment agreement or a petition seeking termination of residual parental rights or who is otherwise 

before the court pursuant to § 16.1-241(a)(4) or § 63.2-1230, the court shall appoint a discreet and competent attorneyat-law as guardian ad litem (GAL) to represent the child.

The director of the court-appointed special advocate (CASA) program shall assign an advocate to a child when requested 

to do so by the judge of the juvenile and domestic relations district court having jurisdiction over the proceedings. The 

advocate shall continue his or her association with each case to which he or she is assigned until relieved of his or her 

duties by the court or by the program director.

The Use of Court-Appointed Special Advocates (CASAs)

Ann. Code §§ 9.1-151; 9.1-153 

The Department of Criminal Justice Services shall administer a CASA program. The program shall provide services to 

children who are subjects of judicial proceedings involving allegations that the child is abused, neglected, or in need of 

services, and for whom the juvenile and domestic relations district court judge determines such services are appropriate. 

Services in each local CASA program shall be provided by volunteer CASAs, hereinafter referred to as advocates.
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Qualifications/Training

Ann. Code §§ 16.1-266.1; 9.1-153

The Judicial Council of Virginia, in conjunction with the Virginia State Bar and the Virginia Bar Association, shall adopt 

standards for attorneys appointed as GALs. The standards shall, as far as practicable, take into consideration the 

following criteria: 

• License or permission to practice law in Virginia

• Current training in the roles, responsibilities, and duties of GAL representation

• Familiarity with the court system and general background in juvenile law

• Demonstrated proficiency in this area of the law

The Judicial Council shall maintain a list of attorneys who are qualified to serve as GALs based upon the standards and 

shall make the names available to the courts. If no attorney who is on the list is reasonably available, a judge in his or her 

discretion, may appoint any discreet and competent attorney who is admitted to practice law in Virginia.

The Department of Criminal Justice Services shall adopt regulations governing the qualifications of advocates who shall 

be deemed to be criminal justice employees. An advocate must be at least age 21, and the program director shall obtain 

a copy of the advocate’s criminal history record and information from the central registry on child abuse and neglect to 

certify that no records are maintained on him or her.

An advocate shall have no associations that create a conflict of interest or the appearance of such a conflict with his or 

her duties as an advocate. No advocate shall be assigned to a case of a child whose family has a professional or personal 

relationship with the advocate.

No applicant shall be assigned as an advocate until successful completion of a program of training required by 

regulations. The department shall set standards for both basic and ongoing training. 

Specific Duties

Ann. Code § 9.1-153; Va. Sup. Ct. Rule 8:6

The advocate’s duties shall include:

• Investigating the case to which he or she is assigned to provide independent factual information to the court 

• Submitting to the court a written report of his or her investigation in compliance with the provisions of § 16.1-274

• Upon request of the court, making recommendations as to the child’s welfare

• Monitoring the case to ensure compliance with the court’s orders

• Assisting any appointed GAL to represent the child in providing effective representation of the child’s needs and 

best interests 

• Reporting a suspected abused or neglected child pursuant to § 63.2-1509

The advocate is not a party to the case to which he or she is assigned and shall not call witnesses or examine witnesses. 

The advocate shall not, with respect to the case to which he or she is assigned, provide legal counsel or advice to any 

person, appear as counsel in court or in proceedings that are part of the judicial process, or engage in the unauthorized 

practice of law. The advocate may testify if called as a witness.

The GAL shall vigorously represent the child fully protecting the child’s interest and welfare. The GAL shall advise the 

court of the wishes of the child in any case where the wishes of the child conflict with the opinion of the GAL as to what is 

in the child’s interest and welfare.
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How the Representative Is Compensated

Ann. Code §§ 16.1-267; 9.1-152

When the court appoints counsel to represent a child and, after an investigation by the court services unit, finds that the 

parents are financially able to pay for the attorney and refuse to do so, the court shall assess costs against the parents 

for such legal services in the maximum amount of that awarded the attorney by the court under the circumstances of the 

case, considering such factors as the ability of the parents to pay and the nature and extent of the counsel’s duties in the 

case. Such amount shall not exceed the maximum amount specified in § 19.2-163(1) if the action is in district court.

The Department of Criminal Justice Services shall provide a portion of any funding appropriated for this purpose 

to applicants seeking to establish and operate a local CASA program in their respective judicial districts. Only local 

programs operated in accordance with this article shall be eligible to receive State funds.

Washington

Making the Appointment

Rev. Code §§ 26.44.053; 13.34.100; 13.34.102

In any judicial proceeding under this chapter or chapter 13.34 [dependency or termination of parental rights actions] in 

which it is alleged that a child has been subjected to child abuse or neglect, the court shall appoint a guardian ad litem

(GAL) for the child. The requirement of a GAL may be deemed satisfied if the child is represented by counsel in the 

proceedings. 

The court shall attempt to match a child with special needs with a GAL who has specific training or education related to 

the child’s individual needs.

If the court does not have available to it a GAL program with a sufficient number of volunteers, the court may appoint a 

suitable person to act as GAL for the child. Another party to the proceeding or the party’s employee or representative 

shall not be so appointed. 

Each GAL program for compensated GALs shall establish a rotational registry system for the appointment of GALs. If a 

judicial district does not have a program, the court shall establish the rotational registry system. GALs shall be selected 

from the registry except in exceptional circumstances as determined and documented by the court. The parties may 

make a joint recommendation for the appointment of a GAL from the registry.

The Use of Court-Appointed Special Advocates (CASAs)

Rev. Code §§ 13.34.100; 13.34.105

When a court-appointed special advocate (CASA) or volunteer GAL is requested on a case, the program shall give 

the court the name of the person it recommends and the appointment shall be effective immediately. The court shall 

appoint the person recommended by the program. If a party in a case reasonably believes the CASA or volunteer GAL 

is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must 

complete the review within 5 judicial days and remove any appointee for good cause. If the party seeking the review is 

not satisfied with the outcome of the review, the party may file a motion with the court for the removal of the CASA or 

GAL on the grounds the advocate or volunteer is inappropriate or unqualified.

CASAs and GALs may make recommendations based upon an independent investigation regarding the best interests of 

the child that the court may consider and weigh in conjunction with the recommendations of all of the parties.
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Qualifications/Training

Rev. Code §§ 13.34.100; 13.34.102; 2.56.030(15) 

Each GAL program shall maintain a background information record for each GAL in the program. The background file 

shall include, but is not limited to, the following information:

• Level of formal education

• Training related to the guardian’s duties

• Number of years of experience as a GAL

• Number of appointments as a GAL and the county or counties of appointment

• The names of any counties in which the person was removed from a GAL registry due to a grievance action

• Founded allegations of abuse or neglect

• The results of State and national criminal background checks

• Criminal history for the past 10 years

The background information report shall be updated annually. As a condition of appointment, the GAL’s background 

information record shall be made available to the court. If the appointed GAL is not a member of a GAL program the 

person shall provide the background information to the court.

All GALs must comply with the training requirements established under § 2.56.030(15) prior to their appointment, except 

that volunteer GALs or CASAs may comply with alternative training requirements approved by the Administrative Office 

of the Courts that meet or exceed the statewide requirements.

The administrator for the courts shall, under the supervision and direction of the chief justice, develop a comprehensive 

statewide curriculum for persons who act as GALs. The curriculum shall include specialty sections on child development, 

child sexual abuse, child physical abuse, child neglect, domestic violence, clinical and forensic investigative and 

interviewing techniques, family reconciliation and mediation services, and relevant statutory and legal requirements. The 

curriculum shall be made available to all superior court judges, court personnel, and all persons who act as GALs. 

Specific Duties

Rev. Code §§ 13.34.100; 13.34.105

The appointment of the GAL shall remain in effect until the court discharges the appointment or no longer has 

jurisdiction, whichever comes first.

A GAL through counsel, or as otherwise authorized by the court, shall have the right to present evidence, examine and 

cross-examine witnesses, and be present at all hearings. A GAL shall receive copies of all pleadings and other documents 

filed or submitted to the court, and notice of all hearings.

Unless otherwise directed by the court, the duties of the GAL include, but are not limited to, the following:

• To investigate, collect relevant information about the child’s situation, and report to the court factual information 

regarding the best interests of the child

• To meet with, interview, or observe the child, depending on the child’s age and developmental status, and report 

to the court any views or positions expressed by the child

• To monitor all court orders for compliance and to bring to the court’s attention any change in circumstances that 

may require a modification of the court’s order 

• To report to the court information on the legal status of a child’s membership in any Indian Tribe or band

• To make recommendations based upon an independent investigation regarding the best interests of the child that 

the court may consider and weigh in conjunction with the recommendations of all of the parties

• To represent and be an advocate for the best interests of the child

• To inform the child, if he or she is age 12 or older, of his or her right to request counsel and to ask the child 

whether he or she wishes to have counsel

• In the case of an Indian child, to know, understand, and advocate the best interests of the Indian child
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How the Representative Is Compensated

Rev. Code § 13.34.108

The court shall specify the hourly rate the GAL may charge for his or her services and shall specify the maximum amount 

the GAL may charge without additional court review and approval. The court shall specify rates and fees in the order of 

appointment or at the earliest date the court is able to determine the appropriate rates and fees and prior to the GAL 

billing for his or her services. This section shall apply except as provided by local court rule.

West Virginia

Making the Appointment

Ann. Code § 49-6-2

In any child abuse or neglect proceeding, the child shall have the right to be represented by counsel at every stage of 

the proceedings. Counsel of the child shall be appointed by the court in the initial order. 

Under no circumstances may the same attorney represent both the child and the other party or parties. However, if more 

than one child from a family is involved in the proceeding, one attorney may represent all the children. 

The Use of Court-Appointed Special Advocates (CASAs)

This issue is not addressed in the statutes reviewed.

Qualifications/Training

Ann. Code § 49-6-2

Any attorney appointed pursuant to this section shall, by July 1, 1993, and 3 hours per year each year thereafter, receive 

a minimum of 3 hours of continuing legal education training on representation of children and child abuse and neglect. 

However, if no attorney who has completed this training is available for such appointment, the court shall appoint a 

competent attorney with demonstrated knowledge of child welfare law to represent the child. 

Specific Duties

Ann. Code §§ 49-6-2; 49-5D-3

Any attorney appointed pursuant to this section shall perform all duties required as an attorney licensed to practice law 

in the State of West Virginia.

The GAL will be considered part of the child’s treatment team that is responsible for assessing, planning, and 

implementing a comprehensive service plan for the child. 

How the Representative Is Compensated

Ann. Code § 49-6-2

The court may allow to each attorney so appointed a fee in the same amount that appointed counsel can receive in 

felony cases. 
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Wisconsin

Making the Appointment

Ann. Stat. §§ 48.23; 48.235

If a child is alleged to be in need of protection or services under § 48.13, the child may be represented by counsel at 

the discretion of the court. The court may not place the child outside his or her home unless the child is represented by 

counsel at the fact-finding hearing and subsequent proceedings.

The court may not appoint counsel for any party other than the child in a proceeding under § 48.13. The court shall 

appoint counsel for any child alleged to be in need of protection or services under § 48.13, except that if the child is 

under age 12, the court may appoint a guardian ad litem (GAL) instead of counsel. The GAL or counsel for the child may 

not act as counsel for any other party or any governmental or social agency involved in the proceeding and may not act 

as court-appointed special advocate for the child in the proceeding.

The court shall appoint a GAL, or extend the appointment of a GAL previously appointed for any child alleged or found 

to be in need of protection or services, if the court has ordered, or if a request or recommendation has been made that 

the court order, the child to be placed out of his or her home. 

The Use of Court-Appointed Special Advocates (CASAs)

Ann. Stat. § 48.236

In any proceeding under § 48.13 in which the court finds that providing the services of a court-appointed special 

advocate (CASA) would be in the best interests of the child, the court may request a CASA program to designate a 

person who meets the qualifications as a CASA to undertake the activities specified below.

A CASA does not become a party to the proceeding and, as a nonparty, may not make motions or call or cross-examine 

witnesses. A designation under this subsection terminates when the jurisdiction of the court over the child under § 48.13 

terminates, unless the court discharges the CASA sooner.

Qualifications/Training

Ann. Stat. §§ 48.235; 48.236; Wis. Sup. Ct. Rule 35.01

The GAL shall be an attorney admitted to practice in this State. Attorneys may not accept appointment unless they 

have attended 30 hours of GAL education or the appointing court has made a written finding waiving that requirement. 

No person who is an interested party in a proceeding, who appears as counsel or CASA in a proceeding on behalf of 

any party, or who is a relative or representative of an interested party in a proceeding may be appointed GAL in that 

proceeding.

A CASA shall be a volunteer or employee of a CASA program who has been selected and trained as provided in the 

memorandum of understanding entered into under § 48.07(5)(a). No person who is a party in a proceeding, who appears 

as counsel or GAL in a proceeding on behalf of any party, or who is a relative or representative of a party in a proceeding 

may be designated as a CASA in that proceeding.
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Specific Duties

Ann. Stat. §§ 48.235; 48.236

The GAL shall be an advocate for the best interests of the child for whom the appointment is made. The GAL shall 

function independently and shall consider, but shall not be bound by, the wishes of the child or the positions of others as 

to the best interests of the child. If the GAL determines that the best interests of the child are substantially inconsistent 

with the wishes of the child, the GAL shall so inform the court and the court may appoint counsel to represent the child.

The GAL shall do all of the following:

• Meet with the child and, if the child is old enough to communicate, interview the child to determine the child’s 

goals and concerns regarding his or her placement

• Assess the appropriateness and safety of the child’s environment

• Make clear and specific recommendations to the court concerning the best interests of the child at every stage of 

the proceeding

In a case involving a child in need of protection or services, the GAL may do any of the following:

• Participate in permanency planning

• Petition for a change in placement

• Petition for termination of parental rights or any other matter specified under § 48.14

• Petition for revision or extension of dispositional orders

• Petition for the appointment of a guardian, the revision of a guardianship order, or the removal of a guardian

A CASA may perform any of the following activities:

• Gather information and make observations about the child and the child’s family and provide that information to 

the court in the form of written reports or, if requested by the court, oral testimony

• Maintain regular contact with the child; monitor the appropriateness and safety of the environment of the child, 

the extent to which the child and his or her family are complying with any consent decree, dispositional order, or 

permanency plan, and the extent to which any agency is providing required services

• Promote the best interests of the child

How the Representative Is Compensated

Ann. Stat. §§ 48.23; 48.235

If a child has a right to be represented by counsel or is provided counsel at the discretion of the court and counsel is 

not knowingly and voluntarily waived, the court shall refer the child to the State public defender and counsel shall be 

appointed by the State public defender under § 977.08 without a determination of indigence.

A GAL shall be compensated at a rate that the court determines is reasonable, except that, if the court orders a county 

to pay the compensation of the GAL, the amount ordered may not exceed the compensation payable to a private 

attorney under § 977.08(4m)(b).

The court may order either or both of the parents of a child for whom a GAL is appointed to pay all or any part of the 

compensation of the GAL. In addition, upon motion by the GAL, the court may order either or both of the parents of the 

child to pay the fee for an expert witness used by the GAL, if the GAL shows that the use of the expert is necessary to 

assist the GAL in performing his or her functions or duties.

If one or both parents are indigent or if the court determines that it would be unfair to a parent to require him or her 

to pay, the court may order the county of venue to pay the compensation and fees, in whole or in part. If the court 

orders the county of venue to pay because a parent is indigent, the court may also order either or both of the parents to 

reimburse the county, in whole or in part, for the payment.
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Wyoming

Making the Appointment

Ann. Stat. §§ 14-3-211; 14-6-216

An attorney shall be appointed to represent the child. The attorney shall also serve at the child’s guardian ad litem (GAL).

Counsel shall be appointed to represent any child in a court proceeding in which the child is alleged to be abused or 

neglected. Any attorney representing a child under this section shall also serve as the child’s GAL unless a GAL has been 

appointed by the court.

The court shall appoint a GAL for a child who is a party to proceedings under this act if the child has no parent, guardian, 

or custodian appearing in his or her behalf or if the interests of the parents, guardian, or custodian are adverse to the 

best interests of the child. A party to the proceeding or employee or representative thereof shall not be appointed GAL 

for the child. 

The Use of Court-Appointed Special Advocates (CASAs)

This issue is not addressed in the statutes reviewed.

Qualifications/Training

Wy. Rules, 014-010, Ch. 2, §§ 4 & 5

To be eligible for appointment as a GAL, an attorney must have completed, within the 2 years prior to applying for 

certification, initial training consisting of 10 or more live hours of child-related training accredited by the Wyoming State 

Bar, or the attorney otherwise provides acceptable evidence that he or she has recent training, experience, or both, that 

is reasonably equivalent.

In order to remain eligible for appointments, the attorney GAL shall obtain 5 live hours of continuing legal education 

per legal education reporting year. These 5 live hours shall be child-related training and relevant to an appointment in 

Juvenile Court proceedings. The director has the additional authority and discretion to require all GALs to obtain training 

in addition to the minimum 5 hours of continuing legal education when necessary.

This paragraph does not apply to the law students supervised and practicing under faculty attorney supervisors at the 

University of Wyoming College of Law Clinics. It does apply to the faculty attorney supervisors. Any attorney who has, 

while in law school, successfully completed the Children and the Law course at the University of Wyoming College of 

Law, or an equivalent course there or at another ABA accredited law school, will be deemed to have fulfilled the 10-hour 

initial training requirement.

Qualifications/Training (Cont.)

Wy. Rules, 014-010, Ch. 2, §§ 4 & 5

Before an applicant is approved for inclusion on a list of certified GALs pursuant to these rules and any court rules:

• The applicant shall be admitted to practice law in Wyoming and shall be an attorney in good standing with the 

Wyoming State Bar.

• The applicant’s continuing legal education credits shall be verified by the administrator and the Wyoming State 

Bar.

Specific Duties

Ann. Stat. § 14-3-211; Wy. Rules, 014-010, Ch. 2, §§ 2 & 3

The attorney or GAL shall be charged with representation of the child’s best interests. 

Rather than taking direction from the client, the GAL is charged with forming the client’s position by using his/her own 

judgment as to the child’s best interests. The GAL is required to consider the child’s wishes and preferences, but he or 

she is not bound by them. If the GAL determines that the child’s expressed preference is not in the best interests of the 

child, both the child’s wishes and the basis of the GAL’s disagreement must be presented to the court. The GAL should 

elicit the child’s preferences in a developmentally appropriate manner, advise the child, and provide guidance, including 

explaining to the child what recommendations the GAL is going to make and why he or she is making them.
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Specific Duties (Cont.)

Ann. Stat. § 14-3-211; Wy. Rules, 014-010, Ch. 2, §§ 2 & 3

The GAL shall specifically:

• Establish and maintain competence in the applicable legal and ethical standards, including relevant court rules, 

Federal and State law, case law, agency rules and regulations, and local practice

• Be familiar with recognized standards and best practice procedures in child welfare and protection

• Be familiar with the dynamics of domestic violence, the rate of co-occurrence between child abuse and domestic 

violence, the barriers to leaving a violent relationship, and how domestic violence may affect children and their 

parents or caregivers

• Conduct a full and independent case investigation in a timely manner that shall include at a minimum:

» Obtaining information about the child and the child’s circumstances

» Obtaining copies of all pleadings and relevant notices

» Meeting with and observing the child’s interaction with caregivers

• Insofar as is practical, counsel the child about the nature of the litigation, the attorney’s role, the child’s rights, the 

possible outcomes of each proceeding, and the consequences of the child’s participation or lack of participation

• Prior to making a recommendation for out-of-home placement, research and consider alternative community 

programs, treatments, and family preservation services available to the family

• Independently identify and advocate for appropriate family and professional resources for the child

• Participate in all proceedings, including any hearings

• Independently verify and advocate for timely and permanent resolution of the case

• Make independent recommendations, taking into consideration cost impacts and savings of potential service 

options, with an emphasis on community services most likely to preserve families and avoid of out-of-home 

placement, when appropriate 

• Monitor and advocate for timely implementation of the case and/or permanency plan, the court’s orders and 

communicate with the responsible agencies

A GAL shall attend, in person, all pertinent multidisciplinary team meetings/hearings in the child’s best interests.

How the Representative Is Compensated

Ann. Stat. § 14-3-434

The following costs and expenses, when approved and certified by the court to the county treasurer, shall be a charge 

upon the funds of the county where the proceedings are held and shall be paid by the Board of County Commissioners 

of that county:

• Reasonable compensation for services and costs of counsel appointed by the court

• Reasonable compensation for services and costs of a GAL appointed by the court

In every case in which a GAL has been appointed to represent the child, the court shall determine whether the child’s 

parents, guardian, custodian, or other person responsible for the child’s support is able to pay part or all of the costs 

of representation and shall enter specific findings on the record. If the court determines that any of the parties is able 

to pay any amount as reimbursement for costs of representation, the court shall order reimbursement or shall state on 

the record the reasons why reimbursement was not ordered. The court may also in any case order that all or any part of 

the costs and expenses be reimbursed to the county by the child’s parents or any person legally obligated for his or her 

support, or any of them jointly and severally, upon terms the court may direct.

U.S. Department of Health and Human Services

Administration for Children and Families

Administration on Children, Youth and Families

Children’s Bureau