A state representative is sponsoring legislation to limit the number of cases court-appointed guardian ad litems can be assigned and permit volunteers to assist with GAL duties.
House Bill 1271, introduced by Sarah Unsicker (D-Shrewsbury) in February, would create an Office of Guardian Ad Litem to oversee family and juvenile court-appointed GALs in counties that opt to participate in the pilot program.
“Guardians ad litem provided under the provisions of Sections 210.1400 to 210.1415 shall abide by standards of representation and caseload limits as determined by the Office and shall be funded jointly out of the GAL fund established under Section 210.1409 and by counties that elect to participate in the pilot program,” the bill states.
As previously reported in the St. Louis Record, family court critics allege that popular GALs currently have too many cases to adjudicate competently. For example, Casenet data showed that between Jan. 2 and Feb. 2, St. Charles and St. Louis GAL Elaine Pudlowski was assigned 40 cases.
HB 1271 includes a provision allowing courts to designate volunteer advocates, who may or may not be attorneys licensed to practice law, to assist in the performance of GAL duties.
“If social services are involved, they can have a pool of forensically-trained social workers go in and review mental health issues, which these lawyers and GALs aren't trained or competent to do,” said Timothy W. Roldan, a social worker, attorney and St. Louis GAL.
The legislation was the subject of a hearing on March 22 but remains unscheduled for a vote by lawmakers.
“There are GALs who actually lobby against GAL reform so they can keep the status quo,” Roldan told the St. Louis Record.
The GALs, lawyers, and associations who oppose HB 1271, according to the testimony log, include St. Louis and St. Charles GAL Sarah Pleban, Jefferson County GAL Rober Bilbrey, Audrain County and Montgomery County GAL Melissa Buckman Young, Jackson County Attorney Laurie Snell, Missouri Association of Family Law Advocates Attorney Lara Underwood, Jackson County director of GAL services Kathy Rodgers, GAL Jennifer Piper, Americans for Equal Shared Parenting Attorney Jeffrey Millar, State Public Advocate Arnie Dienoff, and Kansas City Attorney Anastacia Renae Adamson.
“Not having enforceable GAL standards has made very difficult the ability to hold a court-appointed attorney accountable for failing to investigate child abuse allegations, or stay in touch with a child's medical professionals, or even meet with the child at all,” said Attorney Chelsea Merta who supports HB 1271.
If approved, the Office of the GAL would oversee standards to which family and juvenile court-appointed GALs must adhere as directed by the legislation.
“The way Rep. Unsicker has it written in her proposal is that you can petition the Office of the Guardian Ad Litem to pay the GAL out of public funds, which is wonderful, rather than these GALs making $80,000 on a single case,” Roldan added.
The Office of the GAL would be chaired by a gubernatorial appointee serving a four-year term, which would only be renewed at the governor’s discretion.