Guardian Ad Litem

In 1980, the State Court System of Florida began implementing a unique court volunteer program designed to assist abused and neglected children. It is called the State of Florida Guardian Ad Litem Program. The role of the Guardian Ad Litem Program is to represent the best interests of abused and neglected children in the judicial system. Today the appointment of a Guardian Ad Litem is mandated in all juvenile dependency and divorce custody cases involving an allegation of child abuse or neglect, and in all criminal cases if the child is a victim or witness to a crime. A guardian may only be appointed, however, to represent a child in official court proceedings and not in other special hearings. Florida has twenty (20) judicial circuits, and Guardian Ad Litem programs are organized in each circuit.

What is a Guardian Ad Litem?

A Guardian is a specially trained volunteer appointed as an officer of the court to ensure that the best interests of the child are protected while the child is a ward of the court. Before Guardians Ad Litem were available to represent children, state officials were often faced with conflicts of interests which prohibited them from acting in the best interests of the child. For example, by law, in dependency cases, the Department of Children and Families is required to consider the needs of the family and not only the needs of the child. The Guardian is distinct from the Department and has the ability to explore solely what is in an individual child's best interests.

Similarly, an attorney retained by a parent in a divorce proceeding cannot simultaneously represent the child's interest. In such instances, the child's best interest may be in direct conflict with the parent's wishes. A Guardian Ad Litem has no such conflict of interest and is legally obligated to do everything possible to ensure the judgment rendered in the case is in the child's best interest.

The Guardian Ad Litem has 5 basic roles. First, the Guardian is an investigator. This involves, among other things, interviewing family, friends, relatives, neighbors, and members of the child's school. Second, the Guardian is a reporter. The Guardian compiles the information obtained in his or her investigation and writes a detailed report for the court. Third, the Guardian is a protector. The Guardian protects the child from insensitive questioning and often harmful effects of being embroiled in the adversarial court process. Fourth, the Guardian is a spokesperson to assure that the best interests of the child are presented to the court and agencies dealing with the child. Finally, the Guardian serves as a monitor of the agencies and persons who provide services to the child. The Guardian assures that the orders of the court are carried out and that families and children in need receive the help they should. The role of the Guardian is not to replace legal counsel or the social worker, rather the Guardian supplements these efforts.

If you are interested in becoming a trained Guardian Ad Litem volunteer or would like to request a Guardian Ad Litem be appointed on a case involving allegations of child abuse or neglect, contact the court administrator's office in your judicial circuit.

Because of the complicated procedures involved in a legal proceeding and the fact that the law is changing and evolving, it is very important to consult an attorney if you have a case pending in court.