Guardian Ad Litem

Vermont’s part-time citizen legislature meets from early January through mid-May. But even when the legislature is not in session, your representative’s work is not done. Off-session committees meet periodically, including the Joint Legislative Justice Oversight Committee and the Judicial Rules Committee on which I serve. Legislators also spend time helping constituents and may be appointed to serve on various study committees. And representatives often engage in informal work including discussions with advocates, other legislators, and legislative counsel (the legislature’s nonpartisan attorneys) to examine pressing issues and possible legislative responses.

It was during one of these meetings that I was recently reminded of the judiciary’s dire need for guardians ad litem, who act as advocates for children involved in court cases. I was on a call discussing a bill that would give children the right to testify in custody cases and the many factors that complicate such a procedure. A judge participating in this call noted that courts may allow a child to testify, but they must assure that allowing such testimony is in the best interest of the child. In addition, if a child is allowed to testify, the court must provide the child with a guardian ad litem.

As explained on the Vermont Judiciary’s website, a judge appoints a guardian ad litem “in every child abuse or child neglect case and sometimes in delinquency and other cases. The [guardian ad litem] makes recommendations to the court for the child’s best interests in and out of court until the case is over.”

Guardians ad litem are community volunteers. Typically, they meet with the child at least once a month; gather information from parents, foster parents, and other people close to the child; regularly communicate with Vermont’s Department for Children and Families and the child’s lawyer; attend all court hearings involving the child; and ensure that the court has all information about the child relevant to the case.

As I learned from the Chief Superior Judge, the courts do not have adequate guardians ad litem right now to be able to appoint one for every child in every case. Despite the courts’ efforts at recruitment, they are unable to meet the children’s needs.

Meanwhile, thousands of Vermont’s children and youth are part of proceedings in the courts’ family divisions. Many of these vulnerable children are victims of abuse or neglect or have been accused of delinquent acts. They may be in foster care while they face uncertainties about their futures. These children need someone to help them understand what is happening in their cases and to make sure their voices are heard. A guardian ad litem fulfills this role.

One does not need any particular education or professional background to be a volunteer guardian ad litem. The time commitment varies depending on the case and one can choose to represent one child or several. The guardian ad litem program is administered through the Court Administrators office and also has regional coordinators to provide support. New guardians attend a three-day training session and are offered ongoing training opportunities. If you are interested in this opportunity to make a profound difference in a child’s life, you can obtain further information and apply to become a guardian ad litem at www.vermontjudiciary.org/programs-and-services/guardian-ad-litem-program.