The guardian ad litem of a child who committed suicide out of fear of being placed in her father’s custody filed a second motion to dismiss arguing she only had a duty to the court, not to protect the child from harm.
Plaintiff Cynthia Haynes sued GAL Jennifer Williams in the Eastern District of Missouri alleging the wrongful death of her daughter, Mikaela Haynes, who killed herself at 14 years old on Nov. 24, 2018.
At the time, Williams was the teen’s GAL.
“While there is no question that a Missouri GAL’s obligations are “duties” owed to the trial court, Plaintiff offers this court no legal basis to conclude that a GAL simultaneously owes a duty of care to a child in a custody case,” attorney Susan Dimond wrote in the defendant’s April 3 reply memorandum in support of her motion for judgment on the pleadings.
As previously reported in the St. Louis Record, Haynes sued Williams alleging Williams failed to inform the Department of Family Services, law enforcement, and the court about allegations that Haynes’ soon-to-be ex-husband Charles Haynes, was sexually abusing Mikaela.
Mikaela's father is incarcerated at the Farmington Correctional Facility in St. Francois County.
“The defense can play legal games and use words that absolve them of responsibility, but the human aspect of this dictates otherwise and that's the problem we have is that Missouri citizens and parents want guardian ad litems to be accountable and to feel obligated to protect children in custody cases but the defense is basically just reaching out for something because they don't have a defense,” said Timothy W. Roldan, social worker, attorney, and St. Louis GAL.
Last year, U.S. Magistrate Judge Abbie Crites-Leoni denied Williams’ first motion to dismiss in Cynthia Haynes v. Williams.
“The mandated reporting act is very clear on who has to report abuse and neglect of a child, and that includes lawyers and especially the guardian ad litem because the guardian ad litem has access to more information than anybody about the child,” Roldan told the St. Louis Record. “So, how can Jennifer Williams argue that she had no duty to the child when the guardian ad litem is a mandated reporter?"
The mandated reporter requirement became effective on August 28, 2004, under RSMo 210.115.1.
On April 6, Haynes’ attorney, Evita Tolu, filed a reply in opposition to dismissal arguing that Missouri law and a Jan. 2017 court order appointing Williams to serve as Mikaela's guardian ad litem created a duty for Williams to protect Mikaela from harm.
The order states, “… the guardian ad litem is vested by the court with all the powers, privileges, and responsibilities necessary for the full and effective performance of her duties and obligation to the minor child, and as such, shall faithfully discharge those duties. If she's in doubt at any time as to the scope or limitation of this duty, she may apply to the court on an emergency basis if necessary for clarification or ratification of the authority and her act as guardian ad litem.”