State of FloridaGuardian ad Litem Program

STANDARDSOF

OPERATION

April 22, 2003

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Table of Contents

Section I: Definitions and Roles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Standard 1.0 Scope and Mission of Program . . . . . . . . . . . . . . . . . . . . 1Standard 1.1 Definition and Role of Guardian ad Litem . . . . . . . . . . . . 1Standard 1.2 Best Interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Standard 1.3 Role of the Program Director . . . . . . . . . . . . . . . . . . . . . 2Standard 1.4 Role of the Program Attorney . . . . . . . . . . . . . . . . . . . . . . 3Standard 1.5 Role of the Case Coordinator . . . . . . . . . . . . . . . . . . . . . . 3Standard 1.6 Role of the Volunteer . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Standard 1.7 Role of the Pro Bono Attorney . . . . . . . . . . . . . . . . . . . . . 4Standard 1.8 Role of the Office of the State Courts Administrator

(“OSCA”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Section II: Program Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Standard 2.0 Compliance with Standards of Operation . . . . . . . . . . . . 5Standard 2.1 Appointment of Guardian ad Litem Program . . . . . . . . . 5Standard 2.2 Acceptance and Assignment of Cases by GAL Program . 5Standard 2.3 Authority to Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Standard 2.4 Record Management of Volunteer and Staff Files . . . . . . 6Standard 2.5 Record Management of Case Files . . . . . . . . . . . . . . . . . 7Standard 2.6 Conflict of Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Standard 2.7 Out-of-Circuit Investigations and Courtesy Monitoring . 9Standard 2.8 Discharge of Guardian ad Litem Program . . . . . . . . . . . . 9Standard 2.9 Fund-raising and Program Relationship to Not-for-Profit

Corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Section III: Guardian ad Litem Certification and Training . . . . . . . . . . . . 11Standard 3.0 Guardian ad Litem Certification . . . . . . . . . . . . . . . . . . 11Standard 3.1 Guardian ad Litem Certification Training . . . . . . . . . . . 12Standard 3.2 Volunteer Inservice Training . . . . . . . . . . . . . . . . . . . . . 13Standard 3.3 Guardian ad Litem Annual Performance Reviews . . . . . 13Standard 3.4 Volunteer Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Standard 3.5 Volunteer Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Standard 3.6 Pro Bono Attorney Qualifications . . . . . . . . . . . . . . . . . 14

Section IV: Conduct and Supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Standard 4.0 Guardian ad Litem Code of Conduct . . . . . . . . . . . . . . 15Standard 4.1 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Standard 4.2 Reports to the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

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Standard 4.3 Guardian ad Litem Supervision and Case Monitoring . 17Standard 4.4 Restriction of Program Services . . . . . . . . . . . . . . . . . . 18Standard 4.5 Grievances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Section I: Definitions and Roles

Standard 1.0 Scope and Mission of Program

The State of Florida Guardian ad Litem Program (hereinafterreferred to as the “GAL Program” or the “Program”) was created toimplement sections 39.822, 914.17(1), and 61.401, Florida Statutes. Administrative Order No. AOSC03-18 of the Chief Justice of the FloridaSupreme Court adopts the following Standards of Operation, effectiveApril 22, 2003.

The GAL Program operates under the auspices of the judicialbranch; the management and supervision of each circuit GAL Program,it’s employees, and volunteers is the responsibility of the Chief Judge inthat circuit. The chief judge may designate the trial court administrator tobe responsible for the administrative supervision of the Program.

The mission of the GAL Program is to advocate for the best interestsof children who are alleged to be abused, neglected or abandoned andwho are involved in court proceedings.

Standard 1.1 Definition and Role of Guardian ad Litem

The GAL Program is the “guardian ad litem” and is appointed torepresent the best interests of children in court proceedings. Programrepresentatives, including Program staff, certified lay volunteers, and probono attorneys, work together to advocate for permanency for childrenpursuant to the order appointing guardian ad litem, these Standards ofOperation and the Code of Conduct contained herein. Certified guardianad litem volunteers function under the direction and supervision ofProgram personnel.

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The activities performed in a particular case vary based on the type ofcase. The scope of the Program’s responsibilities include some or all ofthe following functions:

Information Gatherer. The Program collects all relevant facts about thecircumstances that brought the matter to court through personalinterviews, observations of the child’s interactions with others, and areview of all pertinent records and documents.

Reporter. The Program develops recommendations and provides reportsto the court summarizing the information that the guardian ad litem hasgathered. The report may include the Program’s recommendationregarding the child and advise the court of any wishes articulated by thechild, as required by court order and Florida Statutes.

Monitor/Intercessor. The Program monitors compliance with courtorders to ensure they are carried out and that families and childrenreceive the assistance and intervention which has been mandated. TheProgram monitors the child’s well-being and the family’s progress inreaching the goals as articulated through order of the court. The Programstrives to expedite the proceedings and ensure that appropriatemeasures are taken to protect the child from harm which may occur as aresult of litigation. The Program can assist in identifying service resourcesand programs to address the needs of the child and the child’s family.

Spokesperson/Special Advocate. The Program serves as a spokespersonfor the child by making recommendations to the court on how to furtherthe child’s best interests, by providing reports as required by the courtand Florida Statutes, and by informing the court of the child’s wishes.

Standard 1.2 Best Interests

The Program shall advocate for the child and work with all relevantpersons to further a child’s best interests. Best interests includepreservation of the child’s physical safety and emotional well-being;permanent placement in a stable and nurturing home environment that

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fosters the child’s healthy growth and development; and advocating forcompliance with statutory requirements.

Standard 1.3 Role of the Program Director

The Program director is responsible for managing the circuit GALProgram and directing the case work activities of Program representatives. Directors perform a broad variety of tasks including development ofcollaborative work relationships within the child protection servicedelivery system, review and approval of recommendations and reports tothe court, and recruiting, screening and training volunteers. Programdirectors have the authority to assign individual volunteers to performspecific duties in cases and to remove a volunteer from a case wheneversuch action is deemed appropriate. The director is responsible for theongoing monitoring and evaluation of staff and volunteer compliance withthese Standards. Directors ensure proper maintenance of casemanagement and volunteer records.

Standard 1.4 Role of the Program Attorney

The role of the Program attorney is to provide legal assistance to theGAL Program, Program staff and volunteers, and to supervise pro bonoattorneys. The Program attorney assists the volunteers who serve asagents of the GAL Program. The attorney provides legal advice, advocatesin court, drafts and files legal documents, negotiates terms of settlementsand agreements, participates in discovery and trial, participates inmediation, case plan conferences, staffings and other meetings as neededto represent the best interests of the child and generally advocates for thebest interests of children served by the Program. The Program attorneyrepresents the Program. The Program attorney does not represent thevolunteer, members of Program staff, the child, or the child’s familyindividually.

Standard 1.5 Role of the Case Coordinator

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At Program director discretion, and with the approval of the chiefjudge or trial court administrator, the case coordinator may:

a. provide advocacy on cases as enumerated in Standard 1.1 orby performing the statutorily outlined duties of the guardianad litem; and/or

b. oversee the case work activities of volunteer guardians adlitem by performing the tasks listed below.

If a case coordinator will be performing the statutory duties of a guardianad litem, he or she must meet all training and certification requirementsenumerated in these Standards and under Florida Statutes.

A case coordinator responsible for volunteer supervision oversees thecase work activities of volunteer guardians ad litem, assigns cases andprovides technical support to volunteers, assists in preparing reports tothe court, and advises volunteers regarding community resources andProgram policies and procedures.

Standard 1.6 Role of the Volunteer

A volunteer certified by the GAL Program represents the bestinterests of children in the proceedings that gave rise to the appointmentas described in Standard 1.1. A volunteer may be assigned to civil andcriminal child abuse, abandonment and neglect cases in accordance withStandard 2.1.

Standard 1.7 Role of the Pro Bono Attorney

The role of the pro bono attorney is to provide legal assistance to theGAL Program when such assistance is necessary for the Program toeffectively represent the best interests of the child. The pro bono attorneyrepresents the Program, and not the volunteer, members of Program staff,the child, or the child’s family individually.

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Standard 1.8 Role of the Office of the State Courts Administrator(“OSCA”)

The role of the OSCA staff serving the GAL Program is to coordinatethe development and implementation of statewide Program policies,standards, and guidelines. The OSCA staff also provide technicalassistance, guidance and support to assist local circuits and their GALProgram staff in the effective operation of the GAL Program offices, thefulfillment of statutory mandates and compliance with the Standards ofOperation. OSCA may require documentation demonstrating compliancewith these Standards of Operation. In addition, the OSCA staff will collectstatewide data on the activities of guardian ad litem volunteers andProgram offices and make such data available to the judiciary, legislatureand other branches of government. OSCA staff refer all grievancesregarding individual cases or circuit program management to the chiefjudge or trial court administrator in the local circuit.

Section II: Program Administration

Standard 2.0 Compliance with Standards of Operation

These Standards of Operation are mandatory for all GAL Programsoperating under the auspices of the judicial branch. Any volunteer violatingthese Standards is subject to decertification and any employee violating theseStandards is subject to discipline or dismissal.

Standard 2.1 Appointment of Guardian ad Litem Program

Subject to the availability of Program resources and certified guardianad litem volunteers, the GAL Program will accept appointment by the court incivil and criminal child abuse, neglect and abandonment proceedings where:

1) there is a dependency or termination of parental rightsproceeding (with the exception of those cases where both parentshave executed a voluntary relinquishment of parental rights), or

2) the judge finds probable cause to believe there is abuse, neglector abandonment of a child as defined in Florida Statutes.

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Explanation/Comment

These Standards do not intend to preclude appointments by the court in childabuse, neglect and abandonment cases arising from juvenile delinquency orCINS/FINS proceedings, but have merely conformed the wording of theStandard to current statutory language.

Standard 2.2 Acceptance and Assignment of Cases by GAL Program

The GAL Program’s acceptance and assignment of cases shall beaccording to any approved statewide case assignment matrix and theavailability of Program resources.

GAL Program staff shall assign a Program representative within thirty(30) days of the order of appointment of the GAL Program to a case or shall filea motion for discharge pursuant to Standard 2.8. Immediately uponacceptance of a case, the Program shall file a Notice of Acceptance with thecourt. The GAL Program must ensure that copies of the Order of Appointmentand the Notice of Acceptance are furnished to all parties in the case. If theProgram representative assigned to a case resigns or abandons his or herresponsibilities, GAL Program staff will reassign the case within thirty (30)days of resignation or abandonment by the Program representative. The GALProgram shall maintain complete records of all case assignments.

Explanation/Comment

The GAL Program endeavors to represent 100% of children who are alleged tobe abused, abandoned or neglected who are involved in court proceedings. However, in the absence of sufficient resources to do so, a statewide caseassignment matrix has been designed to assist limited-resource Programs inconsistently assigning volunteers to those children whose need for best interestsrepresentation is the most critical.

Standard 2.3 Authority to Act

The GAL Program is authorized to act only in a pending case inaccordance with the Order Appointing Guardian ad Litem. The Program’srepresentation of a child begins only after the judge who is presiding over thecase issues an order of appointment. Program representatives are prohibited

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from undertaking any representation of or advocacy for children prior to theissuance of an Order Appointing Guardian ad Litem.

The GAL Program has authority to act only as long as the court retainsjurisdiction. Loss of jurisdiction by the court results in the Program losingauthority to take action in a case. For those courts that obtain continuingjurisdiction over children as provided by Florida Statutes, once active judicialreview of the case ends, the Program shall seek discharge.

Nothing in this section is intended to prohibit a Program from assistinganother Program in courtesy monitoring or out-of-circuit visits pursuant toStandard 2.7.

Standard 2.4 Record Management of Volunteer and Staff Files

Each circuit GAL Program shall establish a file for each certifiedvolunteer and staff member and keep the information in the file current. Allrecords shall be safely and securely maintained and controls shall beestablished so records can be located at any time.

Volunteer and staff files (either hard copy or on computer) shall contain:

1. copy of official photo identification;2. completed application including documentation of the screening

interview conducted by the Program director or director’sdesignee, with interview notes, date, interviewer’s signature orinitial;

3. two positive written character references;4. verification of successful completion of training requirements as

required under Standard 3.1;5. signed release of information sufficient to enable the Program to

independently verify the facts set forth in the application andfreely check into the applicant’s background, criminal history andqualifications;

6. results of statutory background check;7. annual performance reviews as required under Standard 3.3;8. GAL Code of Conduct dated and signed by the volunteer or staff

member;9. documentation of any disciplinary action; and

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10. verification of completed inservice hours.

Only the names and qualifications of persons applying to serve orserving as unpaid volunteers to assist the court, at the court’s request anddirection, shall be accessible to the public. All other information contained inthe applications by and evaluations of persons applying to serve or serving asunpaid volunteers, including the results of statutory background checks, shallbe confidential unless made public by court order based upon a showing ofmateriality in a pending court proceeding or upon a showing of good cause.

Explanation/Comment

The records management system provides ongoing quality assurance forthe consistency, accuracy and confidentiality of volunteer and staff files.

Standard 2.5 Record Management of Case Files

All records (computer and hard copy) shall be safely and securelymaintained and controls shall be established so that records can be located atany time. Records shall be retained in accordance with the Rules of JuvenileProcedure, the Rules of Judicial Administration and any retention schedulefor court records. Each circuit GAL Program shall maintain case files for allchildren served which may include:

1. case fact sheet which includes identifying information and reasonfor referral by the court;

2. order of appointment;3. notice or oath of acceptance;4. court reports and court orders;5. court hearing notes;6. documentation of each Program contact on case related activities;7. staff case notes;8. copies of all guardian ad litem reports filed with the court;9. correspondence;10. case plan(s);11. copies of any documents filed with the court by the Program (e.g.,

pleadings, motions, discovery, mediation agreements); and12. any other documentation related to appointment and discharge,

or received regarding the child or child’s family.

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Files in the possession of the GAL Program staff and volunteers areconfidential and shall not be disclosed except as authorized by federal or statelaw or pursuant to court order.

Standard 2.6 Conflict of Interest

The GAL Program shall provide representation of the best interests ofeach child it serves. The GAL Program shall request discharge from a casewhen there is a conflict of interest for any Program representative , or becauseof conflicts arising from representation of multiple parties.

A conflict of interest exists where the Program has been appointed to:

(a) simultaneously represent a minor parent and that minor'schild(ren);

(b) represent a minor child where the Program previously representedthe minor child's parent and the information from therepresentation of the parent could now be used to thedisadvantage of the parent; or

(c) represent two or more children where the interests of any childare incompatible with or in any way contrary to the interests ofanother.

Additionally, if a Program director determines that circumstances exist whichwould compromise the Program’s ability to provide independent advocacy forthe best interests of a child, he or she should identify those circumstances asa conflict of interest and report this information to the court and other parties. Any conflict of interest identified shall be reported in writing to the presidingjudge in the case. The Program may make a motion for discharge if theProgram believes the conflict will negatively impact advocacy on behalf of thechild. The Program shall notify the court of any waiver of conflict of interest.

If the Program is unable to serve on a case because of a conflict ofinterest, it is not the Program’s obligation to identify or provide an alternateguardian ad litem or attorney to represent the child’s interests.

Explanation/Comment

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The purpose of the GAL Program is to represent “the best interests of thechild.” Because of the potential conflict in the representation of a child’s “bestinterests” and the representation of the child’s legal interests, the GAL Programshall not provide an attorney to fill an appointment as an attorney ad litem forthe purpose of providing legal representation for a child.

Standard 2.7 Out-of-Circuit Investigations and Courtesy Monitoring

When a GAL Program is appointed to a case in which a party or witnessresides outside the circuit and the Program representative cannot visit thatparty or witness, the appointed GAL Program (“primary Program”) may requestassistance from a GAL Program in another circuit. All communicationsregarding the case should be directed to the primary Program having jurisdiction over the case. The assisting GAL Program shall file any reportwith the primary Program.

When a GAL Program is requested to perform services to assist aguardian ad litem or Court Appointed Special Advocate (“CASA”) program fromanother state, the Program shall require documentation of the request fromthe presiding court in that state. Before taking any action on such a case, theassisting Program shall obtain approval from the chief judge or trial courtadministrator, pursuant to any locally established requirements.

Standard 2.8 Discharge of Guardian ad Litem Program

The Program shall file a motion for discharge when:

a) the Program does not have adequate resources to accept appointment ofa case, which has not been waived;

b) the Program has discovered a conflict of interest as defined by theseStandards, which has not been waived;

c) the Program is unable to adequately represent the child;d) a child has achieved permanence or is otherwise in a long-term stable

placement; e) a child has turned 18 years of age;f) the services of the guardian ad litem are no longer necessary as

required by law, or as required by these Standards; or

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g) the Department of Children and Families has received authorizationfrom the court to terminate its active involvement with a child andfamily.

The GAL Program shall appoint a Program representative to a case withinthirty (30) days of court appointment unless one of the above-listed groundsfor discharge exists. If unable to accept the case, the Program shall move fordischarge no later than thirty (30) days after notice of appointment and shallnot file a motion to stay the appointment. If the motion for discharge isdenied by the court, staff must make a written notation (dated and signed) inthe case file documenting the denial. If after thirty (30) days from the denial,the Program is unable to accept the case, the Program must motion fordischarge again, describing to the court the reasons the Program cannotprovide advocacy. If this second request for discharge is denied the GALProgram shall notify the chief judge or trial court administrator.

Standard 2.9 Fund-raising and Program Relationship to Not-for-ProfitCorporations

Any not-for-profit corporation which supports the GAL Program may notinclude any term associated with the court or judiciary including the term“Guardian ad Litem” and GAL Program staff shall not serve on the board ofdirectors or advisory board of any such corporation.

Program staff shall not solicit or accept anything of value from anorganization with which the employee is associated unless the thing of valueis conveyed for a reason unrelated to the GAL Program and any matter beforethe court. GAL Program staff may, on personal time, engage in communityfund-raising activities, provided such activities are not associated with thename of a judge, the court or any court program.

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Section III: Guardian ad Litem Certification andTraining

Standard 3.0 Guardian ad Litem Certification

All applicants shall meet the following minimum qualifications prior tocertification as guardians ad litem with the Program.

A guardian ad litem shall:

1. be nineteen years of age or older;2. submit a completed application including information about

educational background and training, employment history andexperience working with children;

3. provide official photo identification; 4. successfully complete a screening interview with a Program

director or the director’s designee;5. provide two positive character references in writing;6. authorize a release of information sufficient to enable the Program

to independently verify the facts set forth in the application andfreely check into the applicant’s background, criminal history,employment and qualifications; and

7. successfully complete training requirements per Standard 3.1.

Volunteer and staff screening shall include, but need not be limited to,an applicant interview, review of written references, employment historychecks for a minimum of the last five years, a background investigationthrough the Florida Department of Law Enforcement and any available localcriminal background checks. The Program shall not assign a case to anindividual until the screening process has been completed. Successfulcompletion of the screening process does not guarantee certification.

Documentation that the applicant has met eligibility and qualificationcriteria must be maintained in the volunteer or staff file. The Program directorshall have the sole discretion to accept or reject any applicant. However, anindividual shall not be considered eligible for certification as a guardian adlitem if he or she:

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1. has a criminal record of a felony or a crime against persons forwhich there has been a judicial finding of guilt, or has pled nolocontendere to any such crime; or

2. has had a permanent injunction for domestic violence enteredagainst him/her; or

3. has a prior finding of abuse, neglect or abandonment of a child oran adult.

No applicant shall be certified as a guardian ad litem until all requireddocumentation has been received, reviewed and approved by the Programdirector or director’s designee. Based on the totality of the informationconcerning each applicant, and a consideration of whether anything in theapplicant’s file could adversely affect the individual’s performance as aguardian ad litem, the Program director shall then accept or reject theapplication. A decision to reject an applicant shall be communicated inwriting to the applicant.

Standard 3.1 Guardian ad Litem Certification Training

A guardian ad litem shall successfully complete training requirementsas set forth by the State of Florida Guardian ad Litem Program prior tocertification as a guardian ad litem. The training shall consist of a minimumof thirty (30) hours and shall satisfy the following learning objectives at aminimum:

C Program History and StructureC Dynamics of Child Abuse and NeglectC Best Interests of the ChildC Children and PermanenceC Role and Responsibilities of GAL Program Staff and the VolunteerC Juvenile Court ProcessC Department of Children and FamiliesC Cultural DiversityC Communication Skills and Interviewing TechniquesC ConfidentialityC Record Keeping PracticesC Report WritingC GAL Program Standards of Operation• Ethical Obligations

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C Community Agencies and ResourcesC Court Observation

Circuits which assign Program representatives to criminal or family law casesshall provide additional training, which shall include, at a minimum, thestatutes and rules applicable to criminal and/or family law proceedings. Successful completion of any training does not guarantee certification.

Standard 3.2 Volunteer Inservice Training

Guardian ad litem volunteers shall complete a minimum of six (6) hoursper year of inservice training approved by the Program director. The GALProgram shall ensure that sufficient hours of approved inservice trainingopportunities are available for Program volunteers annually. Failure tocomplete annual inservice training may result in discharge.

Explanation/Comment

Inservice training enhances volunteer knowledge and skills throughpresentation of new materials and in-depth exploration of significant topics.

Standard 3.3 Guardian ad Litem Annual Performance Reviews

GAL Program staff must conduct a performance review at least onceevery twelve months with each active guardian ad litem to evaluate theindividual’s performance, including, but not limited to, a review of theguardian ad litem’s active cases and compliance with inservice trainingrequirements. Staff conducting the review shall meet with the guardian adlitem to discuss the results of the performance evaluation, which shall besigned by the guardian ad litem. Guardians ad litem must also review andsign the GAL Code of Conduct annually. Completion of the review must bedocumented in the guardian ad litem’s file, and dated and signed by the staffperson conducting the review.

Standard 3.4 Volunteer Transfers

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The Program director may consider the transfer application of a certifiedguardian ad litem volunteer who has moved from a different area of the state. The volunteer may apply for active status with the receiving Program director,who will then request a recommendation and a copy of the volunteer file fromthe certifying GAL Program. The Program director or designee will review thevolunteer file, conduct a personal interview and may also require the volunteerto participate in orientation and/or training activities. In addition, theProgram director shall require updated information on current records,background checks, and reference checks. The Program director has thediscretion to accept or reject the transfer application.

Standard 3.5 Volunteer Status

Volunteers on active status include volunteers currently assigned tocases and volunteers who have been assigned to cases within the last sixmonths. In addition, volunteers on active status include those individuals whoprovide administrative support to the GAL Program. Volunteers who are notcurrently assigned to a case, have not received a case assignment, or have notprovided administrative service for a six month period will be discharged fromactive status. Discharged volunteers may be reactivated if the Programdirector or director’s designee determines that the volunteer continues tomeet the qualifications set forth in Standard 3.0.

Standard 3.6 Pro Bono Attorney Qualifications

A pro bono attorney shall:

1. demonstrate he or she is a member in good standing of TheFlorida Bar;

2. submit a completed statewide pro bono attorney application andcurrent resume;

3. provide official photo identification; 4. successfully complete local Program training developed for pro

bono attorneys; and5. comply with local Program policies and procedures.

Explanation/Comment

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A pro bono attorney may demonstrate good standing with The Florida Bareither by providing a certificate from the Bar or by executing an swornoath/affirmation to that effect.

Individual circuits are responsible for developing local trainingrequirements for pro bono attorneys as necessary.

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Section IV: Conduct and Supervision

Standard 4.0 Guardian ad Litem Code of Conduct

The GAL Program must advise all guardian ad litem staff and volunteersof the following Guardian ad Litem Code of Conduct and must require eachcertified guardian ad litem to read, sign and date a copy of the Code ofConduct at the time of original certification, annually in accordance withStandard 3.3, and at each subsequent recertification. The signed and datedCode of Conduct shall be maintained in the volunteer or personnel file inaccordance with Standard 2.4 and a copy provided to the volunteer or staffmember. The following is the Guardian ad Litem Code of Conduct:

The Guardian ad Litem shall:

1. maintain high standards of conduct in carrying out his or her dutiesand obligations;

2. diligently represent and be guided solely by the best interests of thechild;

3. report honestly and impartially to the court on what is in the bestinterests of the child;

4. respect the privacy of the child and the family;5. hold confidential all information obtained in the course of service as a

guardian ad litem, as required by law and these Standards;6. decline appointment, withdraw, or request assistance when the

volunteer recognizes that he or she may not have the time or ability toeffectively advocate for a child;

7. affirmatively advise the Program if he or she is charged with or convictedof a criminal offense, or becomes involved in any other court proceeding,as this may cause a conflict of interest or adversely affect the guardianad litem’s ability to effectively advocate for a child;

8. report any new incident of child abuse or neglect to his or hersupervisor and the abuse hotline;

9. comply with local circuit Program policies;10. notify the Program director if the guardian ad litem or any member of

the guardian ad litem’s immediate family becomes involved in a casewith allegations of child abuse or neglect;

11. discuss all recommendations concerning the case with Program staffprior to submitting recommendations to the court;

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12. obtain review/approval from Program staff before submitting anydocument to the court or other parties;

13. monitor the child regularly pursuant to any policies established by thelocal Program;

14. return identification cards and all case files and related materials to theProgram office upon discharge from the case or dismissal from theProgram;

15. discuss case progress and guardian ad litem activity at least every sixty(60) days with Program staff and regularly submit case activity sheets;and

16. complete six hours of inservice training annually.

Guardian ad Litem staff and volunteers shall not:

1. take action which:a. endangers the child, a party, a witness or other person;b. is outside the powers or role of the guardian ad litem; orc. violates state or local law, court rule, Program policy or court or

Program procedure;2. contravene staff or court direction;3. repeatedly or significantly fail to perform a responsibility as a guardian

ad litem; 4. falsify or fail to disclose information on the guardian ad litem application

form, misrepresent facts during the screening interview or commit anact which results in a substantial alteration of the individual’squalifications to serve in the GAL Program;

5. violate the GAL Code of Conduct or the Standards of Operation; 6. transport a child or a family member of a child represented by the

Program; 7. engage in conduct that is inappropriate or not in the best interests of

the child or the GAL Program;8. engage in an intimate, social, or other nonprofessional relationship with

any person connected to the case or be employed in a position thatmight result in a conflict of interest;

9. practice, condone, facilitate, or participate in any form of discriminationon the basis of race, color, sex, sexual orientation, age, religion, nationalorigin, marital status, political belief, mental or physical handicap, orany other preference or personal characteristic, condition or status;

10. accept a fee for services as a guardian ad litem appointed through theGAL Program;

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11. allow any child or family member of a child represented by the Programinto their home;

12. give therapeutic counseling;13. give legal advice or otherwise practice law in their capacity as a guardian

ad litem;14. misrepresent the role or position of the guardian ad litem; or15. engage in any ex parte communication with a judge.

Each Program director, in his or her discretion, may determine whetherfailure to comply with the Code of Conduct will result in either discipline ordischarge. If the Program director determines that action is required, theProgram director will provide written notice of the incident and the actiontaken to the circuit designated Program supervisor, and the chief judge or trialcourt administrator, if he or she so requires.

All volunteers certified by the GAL Program serve at the pleasure of theappointing authority and may be discharged with or without cause. TheseStandards do not, and are not intended to, confer upon the volunteer anyprotectable property interest or contract right.

Standard 4.1 Confidentiality

Program representatives shall not disclose, or participate in thedisclosure of, any information relating to an appointed case to any person whois not a party to the case, except in reports to the court and as provided by lawor court order.

Standard 4.2 Reports to the Court

The guardian ad litem must file reports with the court as required bythe court or by law. Program staff must review and sign all guardian ad litemreports and shall provide copies to all parties at least 72 hours prior to thehearing. A volunteer shall not submit any document or report to the court (orother parties) without first allowing Program staff to review and approve it. Program staff will not change the volunteer’s recommendations unless theyare contrary to law, fact, or these Standards, and then only after consultationwith the volunteer. Nothing in these Standards precludes Program staff frommaking stylistic or grammatical modifications to volunteer reports. The

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Program director may authorize the filing of additional information, if, in theProgram director’s opinion, it is in the best interests of the child to do so.

Standard 4.3 Guardian ad Litem Supervision and Case Monitoring

At the time of assignment of a case to a volunteer, GAL Program staffshall communicate with the assigned volunteer to discuss the child’s case file,the plan for the case, and general case management procedures.

Contact between GAL Program staff and volunteers must occur at leastevery sixty (60) days in order to monitor volunteer activity and case progress. The GAL staff must enter summary notes in the case file describing caseactivity. The GAL staff member must date and initial the file notation.

Standard 4.4 Restriction of Program Services

While assigned to a case as the guardian ad litem, Programrepresentatives shall not assume direct responsibility for providing services tothe children in that case or their families, including but not limited to:

1. permitting any child or sibling of a child represented by theProgram to be placed, invited to or temporarily housed in theresidence of any Program staff member or volunteer;

2. transport any child represented by the Program;3. accept responsibility for the welfare, supervision, or custody of any

child represented by the Program;4. conduct or be responsible for supervised visits for the children in

their cases.

Standard 4.5 Grievances

Written grievances about Program operations, administration ormanagement shall be referred to the circuit Program director, who shall reviewthe grievance, ensure review by an attorney and provide it to the chief judge ortrial court administrator with a copy of the complaint and documentation ofany Program response or plan of action.

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Written grievances about the conduct of a volunteer may be directed tothe Program director. The Program director shall ensure review by an attorneyand provide a written response within a reasonable amount of time. Notification of grievances concerning volunteers should be provided to thechief judge or trial court administrator in accordance with local circuit policiesand procedures. Grievances may also be raised before the court by motion orby impeaching the testimony of the guardian ad litem.

Written grievances about the conduct of Program staff shall be handledin accordance with local personnel procedures. Written grievances of any kindreceived by OSCA staff shall be referred to the circuit Program director andchief judge or trial court administrator.