In Ohio, a guardian ad litem (GAL) (also known as a CASA- court appointed special advocate), is appointed by the court to assist a domestic or juvenile court in determining what is in a minor child’s best interest. A GAL does this by reviewing court pleadings, requesting and reviewing records of the necessary parties and children involved, speaking with witnesses, and conducting studies and interviews of the children at home and at school.  Because the GAL does not represent either party in the case, it is believed that through their independent investigation they will be able to recommend to the court what outcome is the best for the children.
A critical part of the GAL’s investigation is reviewing the records of the parties involved.  Therefore, in Ohio, when the court appoints a GAL to a specific case, the order issued makes it clear that the GAL has the power to review these otherwise confidential documents, and make copies if necessary. The court order usually states that it complies with the Health Insurance Portability and Accountability Act (HIPPA) regulations and states:
… Read More... “GAL: Should a Guardian Ad Litem Be Required to Obtain a Release of Information From the Parties Involved?”“Upon presentation of a copy of this court order, issued in compliance with 45 C.F.R. 164.512, to any agency, hospital,
A month or so ago I took a trip out to Lake Tahoe for one of my college buddy’s bachelor party.  Let me tell you something about Lake Tahoe during the ski offseason, you gamble a lot.  And that is what we all did during the weekend.  We just gambled and placed bets on various sporting events at the three casinos Lake Tahoe has to offer.  I did not go crazy with the bets because my wife would murder me, but I had some fun taking a risk on the uncertainty of will I win or not.  Except for when I placed a bet against the Reds during their series with the Pirates.  I knew for a fact I was going to make money on that bet.
Those that have been involved in custody litigation are probably aware of the important role that a Guardian ad Litem (GAL) can play in the outcome.  In fact, when both parties otherwise appear suitable, the GAL’s report can sometimes be the tie-breaker for the Judge or Magistrate hearing the case.  The input from the Guardian ad Litem is usually taken very seriously by the Court due to the fact it is thought to come from someone that is in a neutral position, has only the best interests of the children in mind, and has almost unfettered access to relevant information, such as the home life of both parents, the children’s school teachers and counselors as well as other important persons.  In short, having a favorable Guardian ad Litem report can be the difference between winning and losing.
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.