Guardian Ad Litem Workshop (Law 790)
Professors Barbara Glesner Fines and Mary Kay O’Malley
Course
Description: Advanced study of guardian
ad litem practice. Topics may include
adult and child orders of protection, requirements for guardian ad litem
appointments, role of the GAL, ethical considerations, working with social
workers and other professionals, and best practices in investigation,
recommendation, and representation.
Students will partner with volunteer attorneys to act as guardians ad
litem in order of protection cases.
Course
will begin with a full-day training session, to be attended by attorneys and
students together. Students would be assigned to attorneys appointed as GAL.
Several attorneys in the
Students
may enroll in the workshop subject to instructor approval. To apply for the program, students should
submit a letter of interest and resume to Professors Glesner Fines and
O’Malley. Students must obtain a
“permission to enroll” letter signed by Professor O’Malley before enrolling in
the course. To be eligible for the workshop, students must have successfully
completed civil procedure, evidence and professional responsibility In order to screen for conflicts of interest,
all students must disclose any part-time legal employment (whether paid or
volunteer) they are or will be undertaking during the clinic year. Students
must consent to a criminal and child abuse background screening. Students must be eligible and apply for Rule
13 certification for law student practice.
Students may apply in the dean’s office.
The applications may take up to eight weeks to be approved; thus, early
application is critical if students are to be eligible to undertake courtroom
representation upon beginning their field work.
Students may not receive compensation for their work.
Students
are assigned credit-no credit grades based on a combination of in-class work,
field work (30 hours minimum), and reflective journals.
Students
should sign on to the TWEN course
page
ASSIGNMENTS
TO COMPLETE BEFORE Initial Training Session:
Twenty Questions on the Child Order of Protection Act
Review the
Ethical Standards for GAL Practice
Missouri Supreme Court
Standards for GAL
ABA
Standards for Attorneys Representing Children in Abuse and Neglect Cases
Missouri Supreme Court Rules
Governing the Missouri Bar and Judiciary (pay particular attention to Rules 1.1-1.4,
1.6, 1.14 and 3.7)
Substantive
law issues GALs must address
A.
Abuse and neglect law
455.501. Definitions.
455.503. Venue--petition,
who may file.
455.505. Relief may
be sought for child abuse or child being stalked--order of
protection effective, where.
455.510. Filings--information
required from petitioner.
455.513. Ex parte
orders, issued when, effective when--for good cause shown, defined--investigation
by division of family services, when--report due
when, available to whom.
455.516. Hearings,
when, procedure, standard of proof--duration of orders--videotaped
testimony permitted--renewal of orders, when--service
of respondent, failure to serve not to affect validity of
order--notice to law enforcement agencies.
455.520. Temporary
relief available--ex parte orders.
455.523. Full
order of protection--relief available.
455.524. Jurisdiction
for orders--compliance review hearings permitted--remedies
for enforcement of orders.
455.526. Assignment
of wages.
455.528. Modification
of orders, who may file, when--termination--order not res
judicata, when.
455.530. Grounds
for modification of orders.
455.534. Proceedings
independent of others.
455.538. Law
enforcement agencies response to violation of order--arrest for violation,
penalties--custody to be returned to rightful party, whe
B.
Options for recommendations
GAL
Practice
A. Investigation
B. Communication
with other professionals
C. Developing
recommendations
D. Trial
and motion practice
Reflective
Learning – how to learn on the job.