Depending on the jurisdiction or state, children in dependency proceedings are regularly accompanied by a Court Appointed Special Advocate (CASA), Attorney ad litem (AAL) or Guardian ad litem (GAL) as required by the Child Abuse Prevention and Treatment Act.1 This “guaranteed” legal counsel advocates for the child’s best interests in abuse, neglect, dependency and custody hearings. To date, federal legislation has not mandated minimum education requirements for the GAL, nor are caseload restrictions in place to ensure that every child receives a fundamental standard of care.

 

Attorney representation allows the child equal access to justice and to have his or her own voice heard in a court of law. In situations where a child’s expressed interests do not coincide with his or her best interests, the presiding judge may also assign a GAL to the case.

 

In 1974, Congress provided the first representatives for children in abuse and neglect cases through the Child Abuse Prevention and Treatment Act. The Keeping Children and Families Safe Act of 2003 amended CAPTA by requiring that states receiving CAPTA grants provide “training appropriate to the role” to any individual appointed by the court to represent children in abuse, neglect and dependency hearings. However, the interpretation and definition of “appropriate training” varies greatly at the state and local levels.