When a child becomes the subject of a Child in Need of Protection or Services (CHIPS) case in Minnesota, the legal process can be overwhelming for all involved families. One of the most significant and often misunderstood figures in these cases is the Guardian ad Litem (GAL). Understanding the role of the GAL can help parents, caregivers, and families navigate this process with more confidence.
What Is a Guardian ad Litem?
A Guardian ad Litem (GAL) is a court-appointed advocate who has sole responsibility for representing the best interests of the child, not parents, county or any other parties involved. In Minnesota, GALs are authorized by Minnesota Statute § 260C.163, Subdivision 5, which governs the Child and Family Investigations Program (CHIP) proceedings and requires the appointment of a GAL in certain cases involving allegations of abuse or neglect.
The term “Guardian ad Litem” comes from Latin and means “guardian for the lawsuit”. Unlike an attorney, a GAL does not receive legal instructions from the child. Instead, they independently investigate the child’s situation and present findings and recommendations to the court.
When Is a Guardian ad Litem Appointed?
Under Minnesota Statute § 260C.163, Subd. 5, the court is required to appoint a Guardian ad Litem in any child protection investigation (CHIPS) case where a child is suspected of being a victim of abuse or neglect. The court may also appoint a guardian ad litem for other CHIPS-related matters, such as truancy cases or voluntary placement decisions, if it believes that the child’s best interests require independent representation.
The appointment usually takes place early in the process, often during or shortly after the initial hearing.
What Does a Guardian ad Litem Actually Do?
The GAL’s role is broad and focused on the best interests of children. In a Minnesota CHIPS case, a Guardian ad Litem typically:
Conduct an Independent Investigation
The GAL reviews relevant records, including school records, medical history, previous child protection reports, and mental health assessments. They interview the child, parents, foster parents, teachers, therapists, and any other person with significant knowledge of the child’s life and circumstances.
Meet Directly with the Child
One of the most important functions of GALs is to speak directly with children in a private and appropriate setting. This ensures that children’s voices are truly heard in court, even if they are too young or vulnerable to testify.
Attend All Court Hearings
The GAL participates in all stages of the CHIPS process – from initial hearings to case plan reviews and, if necessary, the termination of parental rights, as governed by Minnesota Statute § 260C.301.
Submit Written Reports and Recommendations
The GAL prepares reports for the court, outlining their findings and making recommendations based on what they believe is in the best interest of the child. These recommendations are given a lot of weight by judges, and can influence decisions regarding placement, visitation, services, and reunification with the child’s parents.
Monitor Compliance with the Case Plan
GALs monitor whether parents and agencies are providing services as ordered by the court in accordance with Minnesota Statute § 260C.201, which governs decisions in CHIPS cases. If they have any concerns, they report them directly to the court.
How Is the Guardian ad Litem Different from the Child’s Attorney?
Minnesota law also allows the appointment of a legal counsel for a child in certain cases, as outlined in Minnesota Statute § 260C.163, Subd. 3. An attorney advocates for the child’s best interests, while a GAL (Guardian ad Litem) advocates for what is in the child’s needs. This distinction can be crucial in complex cases of abuse and neglect.
Why Does This Matter for Your Family?
The report and recommendations of the Guardian ad Litem can significantly influence the outcome of a child’s case, including decisions about returning the child home or placing them in out-of-home care. Therefore, it is essential to have an experienced attorney on your side. A skilled attorney can constructively engage with the Guardian process, effectively respond to their recommendations, and ensure that your parental rights are fully protected during the proceedings.
Contact 29th and Law PC for Compassionate CHIPS Representation
At 29th and Law PC, we understand the emotional and legal complexities of CHIPs cases. Whether you are facing allegations of neglect, working towards family reunification, or navigating the termination of parental rights process, our team is here to advocate for you and your child every step of the way.
Contact 29th and Law PC today for a free consultation. You don’t have to face this process alone.