New Guardian Ad Litem Changes Coming to Ohio
Did you know the Supreme Court of Ohio Added New Amendments to Guardians ad Litem? New Changes, Requirements and Redefinitions Explained
As of January 1, 2021, the Supreme Court of Ohio added new amendments regarding Guardians ad Litem, or GALs, including a redefinition of the responsibilities for those appointed as GALs, new training requirements, as well as the penalties for unauthorized disclosure of GAL reports once they are complete.
It is important for attorneys in Ohio appointed as Guardians ad Litem to know and understand the changes made at the beginning of this year.
A Refresher
A “Guardian ad Litem” (GAL) is an individual who is appointed by the court to assist with determining the best interest of the child in domestic relations and juvenile cases. This person is usually an attorney (though in the state of Ohio this is not a requirement) who represents only the child and no other parties involved.
It is the job of the GAL to conduct a thorough investigation on behalf of the child they are representing. In a previous post from September of 2018, “Blast From The Past”: The Role and Functions of a Guardian ad Litem in the State of Ohio“, the Guardian ad Litem typically meets with both parents, meets with the child and each parent to observe their interactions with one another, and meets with just the child, or children, to assess their wishes when it comes to visitation and custody in domestic relations cases.
Once a GAL’s investigation is complete, they are responsible for preparing a report for the court regarding which parent they believe should be awarded custody and why it is in the best interest of the child or children they represent.
Redefined Responsibilities
The amendments to Guardian ad Litem for the state of Ohio, adopted by the Supreme Court of Ohio, redefined the duties of the person appointed to include the following:
- Understanding the facts of the case and seeking out all relevant persons involved in the case.
- Visiting and observing the child at their residence.
- Interviewing the child without the presence of their parents, guardians, foster parents, or physical custodians, if age and developmentally appropriate.
- Interviewing the parents, guardians, foster parents, or physical custodians of the child, often individually. This can also include any significant person who may have knowledge to lend to the GAL’s decision.
- Understanding the wishes and concerns of the child or children being represented.
- Interviewing any personnel and providers who have information regarding the child’s school records, medical records, mental health reports, and other relevant documents/records.
- Reviewing relevant court pleading and documents in the case.
- Obtaining and reviewing any relevant criminal, civil, educational, mental health, medical, and administrative records pertaining to the child and, if appropriate, the family of the child or other parties in the case, as well as requesting any court-ordered evaluations, if necessary.
- Reviewing any other necessary information and interviewing other persons as necessary to make an informed recommendation regarding the best interest of the child.
Ohio Training Requirements
In addition to upholding the new responsibilities, GALs in Ohio are now also responsible for earning twelve hours of “pre-service” education, which includes six hours of in-person, or remote, education as well as six hours of online courses and other activities (writing, mentoring, teaching, etc.) previously approved by the court.
During their service, GALs are expected to complete six hours of continuing education every year, either by taking online courses or pursuing the other court-approved activities previously mentioned.
Other Guardian Ad Litem Changes
Furthermore, the new amendments added that any reports made by the guardian ad litem are to be provided only to the court, unrepresented parties, and legal counsel. All other disclosures of the report need to be approved first by the court
According to the Ohio State Bar Association, however, “unauthorized disclosure of the report may be subject to court action, including the penalties for contempt, which include fine and/or incarceration.”
As a practicing divorce lawyer for over 40 years, I can’t emphasize enough how important it is to receive thorough, well written GAL reports! There is nothing worse than skimpy ones that are not factually supported in a tight and logical manner. In my opinion, poor GAL reports are not helpful to the Court or the litigants.
Experienced, Trusted and Professional Dayton Divorce Lawyers
Our experienced Dayton divorce lawyers at Holzfaster, Cecil, McKnight & Mues can assist you with your divorce or dissolution related issues. To learn more, please go to our website at www.hcmmlaw.com or call us at 937 293-2141. We can schedule an in-person conference or one by phone or Zoom. We look forward to assisting you!
© 2021, Ohio Family Law Blog. All rights reserved.
Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.