5.03.2021

A Mental Health Crisis: The Role of Guardians ad Litem for Children in Broken Homes

 

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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