The Ohio Supreme Court instituted new rules on March 1, 2009, regarding the role and responsibilities of a Guardian ad Litem (GAL). Ohio Rule of Superintendence 48 codifies these rules. As background, a GAL is a person appointed by the court in both domestic relations and juvenile cases to protect the best interest of the child. The GAL typically issues a Report to the court detailing the investigation and setting forth a recommendation. It is not uncommon for a GAL to be involved in most juvenile cases and in many domestic relations cases involving minor children. Prior to Rule 48 there were no uniform GAL rules in Ohio, but many courts have had their own rules; and in addition, lawyers serving as GAL’s were bound by the Ohio Rules of Professional Conduct.
The new Rule does several things. But the most important may be establishing certain training requirements and defining the responsibilities of the GAL in his or her investigation. Finally, the Rule sets forth what must be included in the GAL’s Report.
The first major element in the rules is that it sets forth specific training requirements. Previously, in some Courts there were virtually no training requirements. In other … Read More... “A Dramatic New Guardian Ad Litem Rule in Ohio”