Massachusetts DCF Defense Lawyer Kevin Seaver has been successfully fighting false child abuse allegations since 1991.
What is a Guardian ad Litem?
A “Guardian ad Litem” (also known as GAL) is a person who is appointed by a judge to write a report on specific issues of the case. These issues include a parent’s fitness to care for their child, The GAL’s report will include an evaluation of the issue they were assigned to evaluate. Their report will also include recommendations on how the case should proceed. A GAL is usually an attorney who is appointed by the court when a child requires special medical attention, has special education needs, or receives anti-psychotic medication. The court is not required to appoint a GAL. Any party of the case, including the parents, the Massachusetts Department of Children and Families (MA DCF) social worker, or the judge can request a Guardian ad Litem be appointed.
Why would anyone request for a Guardian ad Litem?
A GAL should be requested when they can “beef up” a court investigator’s report. This would be in cases where the GAL has special skills or expertise that the court investigator does not. The court typically does not appoint a GAL on their own. Parents and their attorneys can request a GAL if they believe it will help the parents in the case. For example, a GAL can testify to the fact that a parent is fit to care for their child. A GAL can also speak to whether or not post-adoption visitation is in a child’s best interest.
How Long does a Guardian ad Litem Have to Submit their Report?
The Guardian ad Litem’s report must be submitted within thirty (30) days of the GAL being appointed. They must file the report before or on the due date. Any party can ask the judge to order the GAL to submit their report by a certain date. The judge will not order the GAL to submit their report by a certain date on their own.
What is a Category F GAL?
A Category F Guardian ad Litem is either an attorney or a mental health professional.
When a Category F Guardian ad Litem is an attorney:
The GAL must have three (3) years of experience practicing as a lawyer in child custody matters.
When a Category F Guardian ad Litem is a mental health professional:
The GAL must be one of the following:
- Licensed psychologist
- Social worker
- Therapist
- Mental health counselor
The GAL must have three (3) years of experience in one the following:
- Providing mental health services in child custody cases
- Providing mental health services in Care and Protection cases
- Conducting investigations
What are the Qualifications for a GAL?
The GAL does not need to be an expert in psychology, psychiatry, or social work. They do, however, have to be qualified as an investigator who can prepare an investigative report. People are appointed as Guardian ad Litems when they have expertise on something specific. Their knowledge should be used to supplement a decision. They should not be used as sources on which to base a decision.
Kevin Seaver is a trusted MA DCF Attorney Specializing in DCF Law since 1991.
DISCLAIMER
You find yourself in this situation, it’s advisable to seek legal representation from a qualified attorney, like those at the Law Office of Kevin Seaver, who can advocate for your rights and guide you through the complex process of a DCF investigation.
Remember that the ultimate goal of DCF is to ensure the safety and well-being of children while supporting families in crisis.
Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers.
Readers should not rely on this information as legal advice and should seek specific counsel from the attorney based on personal circumstances.
Thank you. Kevin Patrick Seaver is a Massachusetts DCF Defense Lawyer who represents parents against false child abuse allegations.