Idaho State Guardian ad Litem Program

  About Our Program

The Idaho State Guardian ad Litem (GAL) programs goals are to optimize the ability of local GAL/CASA programs to serve abused and neglected children, to improve the scope, quality and impact of GAL/CASA advocacy by strengthening local programs, promoting improvements in advocacy practice and sharing the insights and work of volunteers across the state.

Guardians ad Litem are volunteers who are appointed by the court to investigate, report and make recommendations surrounding the circumstances of children in child protection proceedings. The overreaching goal is to represent the best interest of abused and neglected children. A judge appoints a volunteer to be the eyes and ears of the court and help the judge make a more informed decision. Since the volunteer is an integral part of the court system, the state Guardian ad Litem office is located within the Idaho Supreme Court.

Guardians ad Litem are also called Court Appointed Special Advocates (CASA). The CASA organization is a national organization dedicated to providing support for Guardians ad Litem/Court Appointed Special Advocates across the country. There are seven GAL programs in the state and each program has chosen to associate with the CASA organization. Each local GAL/CASA program is a non-profit 501(c)(3) corporation governed by a Board of Directors. Funding for the programs consists of foundation grants, government grants, state funds and fundraising support from the community.

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  Become a Volunteer

Are you an attorney? click here

Could you step in and speak up for a neglected or abused child in court? Could you spare a few hours a week to help build a child's future?

If so, you could become a Guardian ad Litem volunteer. This year in Idaho, an increasing number of children will need someone to give them a voice and see that their best interests are served. In Fiscal Year 2008, the number of children in foster care reached 3,349. Unfortunately, only 49% of those children had a Guardian ad Litem to speak up for them in court.

A judge appoints a Guardian ad Litem in cases where a child has been abused or neglected to investigate the case, to make recommendations to the judge regarding a safe place or special services. You can champion an abused or neglected child and prevent them from suffering future harm.

If you would like to become a Guardian ad Litem, please contact the office nearest to you. Click here for a listing of Guardian ad Litem offices throughout the state.

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  Become a Volunteer Attorney

Pro bono attorneys are essential to the GAL volunteer. Attorneys are asked to represent the volunteer Guardian ad Litem in all court proceedings, protect the rights of abused, abandoned and neglected children referred to the courts, participate in all negotiated settlements, and advocate for needed services to help victims heal from the trauma of abuse.

The pro bono attorney can obtain liability insurance through the Idaho Volunteer Lawyer's Program. The program will provide the attorney introductory training in Child Protection Act legal issues, a written packet of instructions regarding the GAL/CASA program, and the opportunity to consult with other pro bono attorneys and the GAL/CASA staff.

Contact the Idaho Volunteer Lawyers Program or your local GAL/CASA program for more information on how you can make a difference in the lives of children.

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  Frequently Asked Questions

Q. What is a Guardian ad Litem?
A. A Guardian ad Litem (GAL) is a trained volunteer who is appointed by the court to advocate for the best interests of an abused or neglected child. In court, the GAL serves as an important voice for the child. Guardians ad Litem are also called Court Appointed Special Advocates (CASA)

Q. Who can be a Guardian ad Litem?
A. Guardian ad Litem volunteers come from all walks of life and have a variety of professional, educational and ethnic backgrounds. No special education or experience is required.

Q. How will I know what to do?
A. The Guardian ad Litem offices across the state use a nationally-recognized training program. You will learn all about state and federal law, roles and responsibilities of the GAL volunteer and many other topics. You will also have the support of other GAL volunteers and the staff of your local GAL/CASA program so you can be confident when you take your first case.

Q. What is the time commitment for a Guardian ad Litem?
A. The initial training program takes 25-30 hours to complete, usually in the evenings or on the weekends. After you are assigned a case, you will spend 10-15 hours per month interviewing parties, reviewing reports, attending court (if scheduled that month), and visiting with the child. The time commitment varies from case to case.

Q. How many cases do I have to take?
A. We have no minimum number of cases for volunteers. The maximum number of cases a volunteer can take is five. Each GAL volunteer accepts only as many cases as he/she has time to handle.

Q. Would I be liable for my work?
A. The Idaho Child Protective Act shield volunteers from liability: Any person appointed as a guardian ad litemshall be personally immune from any liability for acts, omissions or errors I.C.P.A. 16-1635.

Q. Will I have to testify in court?
A. It is a possibility. Most of the time, the people who will be called to testify are those with first-hand knowledge, such as the social worker or a doctor. If you do have to testify, the GAL staff will prepare you thoroughly and the program will make every effort to ensure an attorney is with you in the courtroom.

Q. I worry that the parents will resent me and be uncooperative.
A. It comes as a surprise to many people that the parents are usually more than glad to tell their version of the events that have caused this case to come before the court. As a GAL, you are just asking questions and listening at the outset, and most parents do not find this threatening.

Q. May I take the child to a movie or give them gifts?
A. No. Your role is not to provide services, but to investigate and observe, and to be an advocate. That in itself is an important gift to the child, but it requires good judgment, objectivity, and a clear understanding of your role. For this reason, you also must not give significant gifts to the child.

Q. How can I make a donation?
A. All donations are tax deductible and any amount helps. If you would like to DONATE NOW, contact the GAL/CASA program in your area to find out how you can help. The state program cannot accept donations from individuals.

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  Laws

The duties, rights and powers of the Guardian ad Litem are governed by the Idaho Child Protective Act, specifically 16-1633 and 16-1634. Idaho Juvenile Rule 35 also outlines the purpose, function and responsibilities of the volunteer.

Among other duties, I.C. 16-1633 explains the Guardian ad Litem is required to conduct an independent factual investigation of the circumstances of the childto file with the court a written report stating the results of the investigation and such other information as the court may require.

Juvenile Rule 35 sets out the topics a volunteer must cover prior to being sworn in by the judge. Topics include court processes, dynamics of families, relevant state and federal laws, confidentiality and child development, among others. Rule 35 also outlines the background process every volunteer must complete in order to ensure the safety and protection of the child assigned to the Guardian ad Litem program.

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  GAL Newsletters