This guest blog post is from Mallory Gantt, Regent Family Law student:
Mental
health issues in the United States are on the rise. According to Mental Health
America, nearly 1 in 5 American adults will have a diagnosable mental health
condition in any given year.
But mental health conditions do not just affect adults, they can affect children too. Among the range of mental
health conditions that can affect a child, ADHD, behavior problems, anxiety,
and depression are the most commonly diagnosable disorders in children. While
many factors may play a role in a child’s mental health, disruptions in the
family home, trauma or abuse may lead to more serious long-term disorders,
causing a pattern of disruptions to the home and the family regime.
When
the court is brought into the picture to settle a child custody battle or a
removal from the home, the court will typically appoint a guardian ad litem
(“GAL”) to represent the best interests of the child. In Virginia, the role of
the GAL pursuant to Virginia Supreme Court Rule 8:6 is to “vigorously represent
the child, fully protecting the child’s interest and welfare.”
As such, the GAL will interview the child and conduct an independent
investigation to ascertain the facts of the case to recommend to the court what
will be best for the child. Typically, the GAL will visit the home of the child
to ascertain what conditions may look like on a regular basis as well as speak
with any counselors, teachers, or family members. While on the surface a child
may not appear to have a mental health condition, there may be some symptoms, indications,
or signs for which the GAL can look that may help guide his or her decision in
the opinion to the court of a solution to address not only the child’s home
life but the toll these disruptions may have on the child’s mental health as
well.
For
example, a child that comes from a broken home may exhibit signs of emotional
trauma, anxiety, depression, or even signs of anger. The role of the GAL is to
represent the child and the child’s best interest in determining what the next
steps should be. In Virginia, to become a GAL, you must be a licensed member of
the state bar and you must complete a seven-hour course offered by Virginia
CLE. The topics covered in the CLE program include an explanation of the
qualifications process for a GAL to represent a minor child, the roles and
responsibilities of the GAL, the role of other local departments, including
Social Services, and other community partners, the laws governing children,
cultural awareness and bias, characteristics of abusive or neglectful families,
including any indicators of physical, medical, or mental health aspects, and
the developmental needs of
children.
While
a GAL need not be an expert on all things related to mental health, the GAL, at
the very least, should be able to spot whether a child may be exhibiting such
mental health conditions that could lead to problems later on. If a child’s
mental health can be targeted and addressed early on and the GAL can implement
its solutions to the court for treatment or counseling or a new environment,
the child may grow up with the ability to overcome the behaviors or mental
conditions that follow into adulthood. The role of a GAL is critically
important in representing the best interest of the child, but the GAL can also
significantly and affirmatively impact a child’s mental health by recognizing
and addressing those needs earlier on. This in turn will impact the child later
in life toward facilitating their own relationships with their own children,
providing family restoration on all ends.
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