Who can be a GAL? (FAQ's)

Virtually anyone over the age of twenty-one who has an interest in children and the desire and time to serve can become a Guardian ad Litem. Our volunteers come from all professions and backgrounds, from stay-at-home mothers to corporate executives. What they share in common is the belief that they can make a positive difference in the life of a child by offering their time, efforts, and energy advocating for that child's best interests in court. They are also willing to commit at least a year of service to the Program.

Volunteer Guardians ad Litem play a critical role on behalf of abused and neglected children across the state, by working to protect each child's interests on a case-by-case, county-by-county basis.

Because the children we serve come from all socio-economic and ethnic origins, we welcome and actively seek volunteers from all cultures, professions, and educational backgrounds. There is a particular need for men and people of color.

How do I become a volunteer with the Program?

If you would like to become a volunteer Guardian ad Litem, you must first fill out an application form and complete a free, 30-hour training course. You will be interviewed by your local Program Coordinator and undergo necessary reference and background checks as well. Once accepted by the Program, you will also be given the opportunity to observe the courtroom process prior to being assigned your own case.

How much time is required of me if I choose to volunteer?

The amount of time required varies with each individual case and depends, in large part, on the complexity of the case, the number of children whom you are representing, and the issues involved. Most volunteers spend an average of between 2-4 hours a week on a case during its most active stage prior to court. Much of this work can be accomplished in the evenings or on weekends. Once a Family Court judge has made a formal determination regarding the allegations involved, a treatment plan directed at reuniting the family is often put into place. Thereafter, the time necessary to accomplish your work as a volunteer is usually significantly less.

The actual time required to attend court hearings will also vary, so one of the most important factors to consider prior to becoming a volunteer Guardian ad Litem is whether or not your personal and/or professional schedule is flexible enough to allow you to be present for Family Court hearings. Since hearings are usually scheduled with reasonable advance notice, most employers are willing to allow employees the time off necessary to attend court, or to make up any lost hours from work. They recognize the value of service you are providing to your community. Some employers may even desire to become a corporate sponsor for the Program. To learn more, click here.

What are my duties as a volunteer Guardian ad Litem?

As a Guardian ad Litem volunteer, you will receive training to prepare you to perform five important functions: investigator, reporter, spokesperson, monitor, and protector. For more detailed information on training and statewide training schedules, click here.

As a GAL investigator, you will independently assess the allegations that led to the initial involvment of the Department of Social Services and the court. You will visit with and interview the child, depending upon his or her developmental age. The child may be staying with relatives, or placed in a temporary shelter or foster home. Whatever the child's location, it is important to assess the child's well-being and determine the child's particular needs so that you can make appropriate recommendations during the pendency of the action in court.

The parents and/or Guardians of the minor child will need to be interviewed, particularly if they are also named as the alleged perpetrator of the abuse or neglect which is the subject of the court action. Information gleaned from this interview will help you to assess the condition of the home, as well as the strengths and weaknesses of the child's family and primary custodian(s).

It will also be necessary to make an appointment with the Department of Social Services so that you can read and review records and information connected with the case. These records contain valuable information regarding the child and the family's history that will assist you in assessing the allegations and determining what additional records you may need.

After your initial interviews with the family and child, you may decide that it is either appropriate or necessary to interview other individuals or professionals such as law enforcement officers, teachers, medical and mental health professionals, relatives, and neighbors.

Throughout this part of your role as investigator, it is important to keep any information regarding the child and family confidential. Such information can only be shared with appropriate parties who are confined to or connected with the court process.

As a GAL reporter, it is your duty to collect critical information prior to trial and to submit your recommendations to the court in the form of a written report. Your local Program office will provide you assistance in preparing your report, which should contain a summary of the information gained, as well as recommendations regarding placement of the child and treatment issues related to the family. As a volunteer GAL, your focus should always be on the best interests of the child throughout your involvement with the case.

As a GAL spokesperson, you will be present at all court hearings to serve as the voice for the child during the proceedings. At the time of your court appointment, you will be assigned an attorney who will serve to assist you in preparing for any hearings. It is important to meet with your attorney prior to trial so that you can determine what action, if necessary, is needed in advance of your hearing. This might include filing certain pre-trial motions and subpoenaing witnesses who may have valuable information to share with the court.

It is also likely that you will be asked to testify in court regarding your investigation and the basis of your recommendations. Because the court's ultimate decision must be consistent with the best interests of the child, judges are particularly interested in hearing your perspective in the matter. They value your role in the system and appreciate the input which you contribute in helping them reach an informed decision in the matter.

As GAL monitor, you will monitor the child's physical, emotional, psychological, and educational needs throughout the case. In between hearings, you will serve as the eyes of the court to ensure that the family is making progress towards the completion of any court-ordered treatment, and that the agencies involved are providing all necessary services.

Until treatment objectives are met, most children remain in foster care or other temporary placement for a period of time. In your role as monitor, it is important to periodically visit this placement to make sure that the child has adequately adjusted to the situation and is doing well.

As GAL protector, you will provide emotional support for the child and take any and all action necessary to protect the child's interests throughout the case. As previously mentioned, you should be present for all staffings and hearings concerning the child so that you can clearly state the child's position in the matter. If it appears that any issues related to the case can be settled by the parties outside the courtroom arena, you must be included in the discussions, negotiations, and settlement, so that the child's best interests are represented and considered.

In some cases, it may be necessary for the child whom you are representing to testify in either family court and/or a related criminal proceeding. As appearing in court to testify against their perpetrator can be traumatizing to a child, it may be necessary to enlist the assistance of others to help prepare the child in advance of the proceedings. There are special notebooks available which are specially designed to assist with this process (click here if you would like to find out how to get copies of these notebooks.)

How will I be assigned to a case once I have completed training?

Once you have completed the necessary requirements for becoming a GAL, you will be contacted by your local area Coordinator prior to any appointment. The Coordinator will share with you basic information concerning the case and advise you regarding the time frame for hearings and anticipated duration of the case. Some volunteers have preferences regarding the types of cases on which they will serve, or the age of the child with which they will work. You will only be assigned to a case if you accept to take on the responsibilities of that particular case, and you will continue to serve as the child's GAL until formally relieved by the court.

You may take as many or as few cases as you want or feel that you can manage. Some volunteers assume responsibility for only one case at a time, while others have the time and desire to manage several cases at a time. The number of cases on which you are ultimately appointed will depend upon your individual choice and the time you have available to serve.

How long does a case in the system last?

There is no clear-cut answer to this question. Some cases may end within the first six weeks of your appointment. Others may linger in the system for more than eighteen months, depending upon the complexity of the case and the progress of the family toward treatment objectives. The average case probably lasts between twelve and eighteen months, during which time you will continue in your role as GAL until formally relieved by the court.

Occasionally, it may become clear that the family involved will never be able to make the changes necessary to provide a safe and nurturing environment for the child. In such cases, the Department of Social Services may be forced to pursue a legal termination of the parties' parental rights to the child. This reality can be very difficult for the child, and you will play an important role in assuring that resources for adoption are thoroughly researched and timely pursued. You may find it desirable or necessary to actively advocate for the joint placement of close siblings, or consideration of the child's current foster home as a permanent placement.

What is the difference between a volunteer Guardian ad Litem and a private Guardian ad Litem?

In South Carolina, volunteer Guardians ad Litem who are trained by the Program are only court-appointed to serve in abuse and neglect cases which are initiated by the Department of Social Services. Volunteers give freely of their time and operate under the direction and supervision of the Program, consistent with statutory guidelines and directives.

Private Guardians ad Litem may be attorneys or other individuals who are appointed in contested custody cases and other private actions. They are paid for their time and are neither affiliated with the Program nor subject to the Program's rules and regulations.

Questions and concerns regarding the performance of a private Guardian ad Litem should be addressed directly to the judge and court having jurisdiction over the matter. For more information, click here.

Can I really make a difference in the life of a child?

When a volunteer is unavailable to serve as a GAL in an abuse or neglect case, the court will often appoint an attorney to serve in that capacity. Most attorneys do not have adequate training to prepare them for this role, and very few have the time or desire to accomplish the duties necessary to do an effective job on behalf of the child. Often, they do not even meet with the child prior to court, relying exclusively on the efforts and recommendations of the Department of Social Services.

Children who have been victimized within their home or family environment deserve to have the strongest advocacy and protection available to them. As a volunteer who has been trained regarding abuse and neglect, family dynamics, and community resources, you are the most effective voice for a child in court. With the support of your local Coordinator and court-appointed attorney, you can be a critical and decisive factor in whether or not that child's voice is adequately represented in court.

The majority of volunteers with the Program express tremendous satisfaction about their role as a GAL. They realize that they are making a difference in the lives of children, one child at a time. To learn directly about the experiences of some of our volunteers who have served in this capacity, click here.

The service that is provided by volunteer Guardians ad Litem cannot be underestimated. You are an invaluable asset to a child, and play a critical role within the court process. By serving in this manner, your efforts are greatly appreciated by the child you represent, the community in which you live, and the judge in whose hands decisions are ultimately made.

To read an inspirational poem of appreciation written for our volunteers, click here.

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