NCJ Number
161793
Date Published
1995
Length
104 pages
Annotation
Minnesota requires the appointment of a guardian ad llitem in juvenile court proceedings with abuse or neglect is an issue; since many concerns have been raised about the use of guardians ad litem, Minnesota's Legislative Audit Commission directed an evaluation of guardian ad litem services.
Abstract
With guardian services organized on a county basis, Minnesota is one of 33 States where guardian services are provided locally. Guidelines have been developed to assure the quality of guardian services throughout Minnesota, although these guidelines do not carry the authority of statute and are not uniformly applied. Minnesota counties use various combinations of paid attorneys, paid nonattorneys, and volunteers to serve as guardians. The type of guardian used depends on case volume, local resources, and court philosophy. It is estimated that about 850 people served as guardians ad litem in one or more Minnesota counties in 1993 and carried more than 6,300 cases, at a cost of almost $3 million (average cost of about $450 per case). Judges indicate guardians play a crucial role in the judicial system because they gather information, sort out issues in custody disputes and child abuse or neglect cases, determine whether children receive ordered services, and monitor court cases. Slightly less than half of Minnesota's guardian programs have coordinators. Based on case law, guardians have absolute immunity from lawsuits. Roles and responsibilities of guardians ad litem are described, the need for basic and continuing guardian training is discussed, and specific types of guardians are identified. Several recommendations are offered to better define guardian roles and to improve guardian services. Additional information on relevant Minnesota statutes, the method used to evaluate guardian services, a case history, and information on the immunity of guardians are appended. 106 footnotes, 10 tables, and 19 figures