Tag Archives: Guardian ad litem

Adoption, Child Custody, Foster Care, Foster Parent, General Legal, Opinion, Visitation

Foster Parent’s Bill of Rights -FPBOR Part 3

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This is a continuation of the deep dive into Mississippi’s Foster Parent’s Bill of Rights -FPBOR- Part 3 ..

(f) The opportunity to communicate and collaborate, without threat of reprisal, with a department representative when further educational services are needed to ensure the child’s educational needs are met, including services such as an Individualized Educational Plan (IEP), tutoring, occupational therapy, speech therapy and after-school programs;

A foster parent has the right and the obligation to be involved in the education of the foster child. This is the nuts and bolts of educating a young person. From getting them to and from school, events and meetings to addressing tardies, absences, tests, quizzes and programs.

(g) The opportunity to attend all IEP meetings, along with the department worker, at the child’s school as long as the child is in custody and receiving special educational services;

The foster parent should be attending and has the right to attend Individualized Educational Plan (IEP) meetings and helping be a part of the progress and solution. This also means cooperating with the educational goals set by the Agency, school and teachers and NOT supplanting your own independent judgment for that of the School. Issues should be shared with the teacher and agency (social worker) and moved up the food chain if not addressed appropriately.

(h) The opportunity to communicate with the foster child’s guardian ad litem;

The GAL is the investigative arm of the Court and quasi-attorney for the child. They are tasked with interviewing the child, the parents, relatives, and others regarding the reason CPS is involved in the first place. It is NOT unusual for the GAL to not interview foster parents. All of the facts and circumstances giving rise to CPS involvement are not due to anything the foster parent did or did not do. Also, as the plan is almost always reunification in the first instance, the GAL is not too worried with how the licensed, state-approved foster home is doing…however, as a Foster Parent you have the opportunity to communicate and should if its involving the best interests of the child.

(i) The opportunity to attend all youth court hearings involving a foster child occurring while that child is placed in their care without being a party to the youth court action, unless the youth court determines that any foster parent should not be present. Foster parents may attend all youth court hearings and have legal counsel attend and observe with them if the child’s permanent plan is adoption by the foster parents, unless the youth court determines that any foster parent should not be present. Foster parents may communicate with the guardian ad litem in writing at any time. Foster parents may ask to be heard concerning the best interest of the child at any disposition or permanency hearing;

This one is tricky. It states you have the right to attend hearings and then creates caveats. First, the Court (the Judge) has to determine you may or may not attend. This is discretionary. Some judges allow the foster parent to attend and some do not. If are allowed to attend you may have counsel attend with you and OBSERVE. Did you get that? Observe. The FPBOR does not say you may participate and a foster parent is NOT a party.

This mean its possible for you to attend, but you may well not get to ask any questions or really be involved in the hearing. Alternatively, the judge may allow for participation if deemed necessary and in the child’s best interests.

If the permanent plan is adoption the Court is more inclined to allow attendance. Also, if its a disposition hearing or permanency hearing/review a foster parent may ask to be heard. This means you have the opportunity to address the Court. It also means you may be subject to questioning by the Judge, Prosecutor, GAL, parent(s)(or their attorney) and CPS-agency attorneys.

(j) When the dates of the permanency hearing and  permanency review hearing have been set by the youth court, and if necessary to fulfill the notice requirements, the judge or the judge’s designee shall order the clerk of the youth court to issue a summons to the foster parents to appear personally at the hearings as provided by Section 43-21-501;

A summons is a Court-issued document for your required attendance to a hearing for a time and date certain. If summoned there could be consequences if you do not attend.

(k) The opportunity to request from the youth court permission to communicate with the child’s birth family, previous  foster parents of the child, and prospective and finalized adoptive parents of the child, without the threat of reprisal. However, this right creates no obligation of the birth family, previous foster parents, or prospective and finalized adoptive parents to communicate in return;

This allows a foster parent the chance to get information, updates and the like or possibly even provide information. However, no response is required to any inquiry and there is no obligation on any of the above-named positions to do anything at all in response to the communications. This can be quite frustrating as you are merely trying to get an update or provide some helpful information for consideration.

Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time).

Child Custody, Crime, General Legal, Visitation

Youth Court in Mississippi

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Youth Courts deal with matters involving allegations of abuse and neglect of children.(Youth Courts also handle cases involving offenses committed by juveniles, persons who have not reached the age of 18 may be subject to the Youth Court, although there are some exceptions. Some offenses which would be treated as crimes if committed by adults are known as “delinquent acts” when they involve juveniles.”)

21 counties have a County Court Judge serving as Youth Court Judge. In counties which do not have a County Court, the Chancery Judge may hear Youth Court matters, or the Chancery Judge may appoint a lawyer to act in a judicial capacity as Youth Court Referee. The city of Pearl also has its own municipal Youth Court.

In Madison County the County Court Judges also serve as Youth Court Judges. In Hinds and Rankin Counties, they have Youth Court Judges that serve in dedicated Youth Courts.

Child abuse can be:

  • Emotional:anything said or done that is hurtful or threatening to a child, such as name calling, belittling a child, or making threats of harm.
    • Name calling; “You’re stupid.”
    • Belittling; “I wish you were never born.”
    • Destroying child’s possessions or harming pets.
    • Threatens to harm child or people they care about; “I’m going to choke you,” or “I’ll hurt your sister.”
    • Locking a child in a closet or box.
    • Rejecting a child.
    • Isolating a child.
  • Sexual Abuse is any inappropriate touching by a friend, family member, anyone having ongoing contact and/or a stranger, such as:
    • Touching a child’s genital area.
    • Any type of penetration of a child.
    • Allowing a child to view or participate in pornography.
    • Prostitution, selling your child for money, drugs, etc.
    • Forcing a child to perform oral sex acts.
    • Masturbating in front of a child.
    • Having sex in front of a child.
    • Touching a Child’s genital area.
  • Physical:any type of contact that results in bodily harm or bruising, or physically restraining a child improperly.
    • Hitting or slapping a child with an extension cord, hands, belts, fists, broom handles, brushes, etc.
    • Putting child into hot water.
    • Cutting the child with a knife or any other sharp object.
    • Shaking or twisting arms or legs, yanking a child by the arm.
    • Putting tape over a child’s mouth.
    • Tying a child up with rope or cord.
    • Throwing a child across a room or down the stairs.
  • Neglect: not meeting the basic needs of the child, including not giving essential medicines or food, leaving a child unsupervised, providing inadequate protection from the weather.
    • Medical – not giving a child life-sustaining medicines, over medicating, not obtaining special treatment devices deemed necessary by a physician.
    • Supervision – leaving child/children unattended and leaving child/children in the care of other children too young to protect them (depending upon the maturity of the child).
    • Clothing and good hygiene – dressing children inadequately for weather, persistent skin disorders resulting from improper hygiene.
    • Nutrition – lack of sufficient quantity or quality of food, letting a child consistently complain of hunger and allowing the child to rummage for food.
    • Shelter – having structurally unsafe housing, inadequate heating, and unsanitary housing conditions.

Within a neglect or abuse case there are several phases. Upon a complaint or report, which can be anonymous, Youth Court will hold a Shelter Hearing. It is akin to an emergency hearing. The Youth Court will determine if immediate action needs to be taken. Typically, the next Youth Court determination will be an Adjudication Hearing. This is to determine if the child was neglected or abused. Lastly, youth Court will conduct a Disposition Hearing. This is to determine the final outcome.

Youth Court’s #1 goal is reunification when and where possible. Youth Court cases involving neglect and abuse are not seeking to punish and there could be separate criminal consequences for acts of neglect or abuse for the perpetrator.

The “players” in a Youth Court proceeding are the Judge, Youth Court Prosecutor, Guardian Ad Litem (attorney for the child and sometimes a non-attorney investigator), some Courts now have Parent’s Representatives (attorneys appointed for a parent), or privately hired Attorneys.

Matthew Thompson is a Child Custody attorney in Mississippi and has handled multiple Youth Court cases throughout Mississippi.

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Child Custody, Divorce

Guardian Ad Litems – Representing Children in Court

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The Judge’s job in a custody/divorce case is  to determine the best interests of the children when mom and dad are fighting. The Judge considers mom’s testimony and evidence as well as dad’s and even the children’s testimony (clickable).  But there is also another implement in the tool box of information available to the Court, the Guardian Ad Litem (GAL).

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A GAL is a person, usually a lawyer, appointed by the Court to take on one of two roles.

1) The first of these is to be an Attorney for the Children.  To represent the child in the same capacity any attorney would represent a client, with the same duties, obligations and confidences that every attorney owes to each client.  This role is fairly uncommon in custody/divorce actions.

2) The much more common role is that of Investigator for the Court.  Judge’s routinely appoint an attorney to serve as the Court’s eyes and ears on the ground.  Judge’s are limited to what they can hear.

They are limited by time constraints, objections, admissibility issues, and lawyer’s abilities.  A GAL appointed by the Court as an Investigator has much more readily available access to information.  

  • GALs interview mom, dad and the children.
  • They can interview teachers, doctors, counselors, friends, and coaches.  
  • They can practically speak to anyone they think they need to.  
  • A GAL can inspect the home where the children stay and can do so unannounced.  
  • GALs can pay surprise visits.  
  • GALs can access school records, medical records, counseling records.  
  • GALs can request medical evaluations and even psychological evaluations.  
  • GALs, by and large, can do what is necessary to get to the bottom of the issues in a case.

So why does every case NOT have a GAL? 

1) They are only required in abuse/neglect cases, otherwise it is discretionary. The Court may not allow for a GAL.

2) It adds another layer of expense, another attorney to pay.  The Court usually makes both parties pay.

3) It can create delay.  The GAL may ask for more time to conduct the investigation and scheduling trial depends on another lawyer’s calendar.

4) The GAL may not believe you.  They are human and may believe the other parent over you, plus you may be lying to them.  It adds risk.

5) They may not do a good job.

GALs typically prepare a report that is provided to the Court and both lawyers. It recounts their efforts, interviews, documents reviewed and conclusions drawn.  The GAL report also includes recommendations, usually.  The Court is not required to follow the GAL recommendation.

Guardian Ad Litems can be a critically important tool available to the Court or parties in a contested custody battle, but the involvement of a GAL also has risks and expenses associated too.  Talk to your lawyer if you have concerns about abuse/neglect and whether a GAL may help in your case.

Matthew Thompson is a family law attorney that has served as a GAL and has handled numerous cases involving GALs.  He has seen the good, the bad and the ugly.  He also conducts GAL training sessions at Continuing Legal Education Seminars for  lawyers that want o become certified GALs;  topics include conducting GAL Custody Evaluations, GAL Investigations, GAL Reports and Testifying.

Follow the blog: BowTieLawyer    Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms.