There are more than 22,000 children involved in dependency proceedings in
Pennsylvania with over 8,000 resource parents caring for them. In 2001 the Juvenile Law center did a research project on children’s right to counsel in dependency proceedings, called Promises kept Promises broken. This research is an excellent body of work and should be read along with this project, they are both looking at, the Juvenile Act, 42 Pa. Cons. Stat. § 6301. In the year 2000 the juvenile Act was amended with Act 18 to assure that children have appropriate representation, in that it is of vital importance for their outcome to have the best results possible. Unfortunately the guidelines that are mandated in the Juvenile Act for the Guardian Ad Litem responsibilities are not being followed in the majority of dependency proceedings. There lack of legal counsel not only is a problem for the best outcome for the child, but it also puts a tremendous strain on resource parents that may have to fight the system for the child in their care. One of the main reasons that resource parents walk away from dong foster care is frustration with the system. The lack of representation has residual effect, of losing a large part of your quality foster families. They can not function in a situation where the children they have attached to, are treated with less dignity than their own children are treated with. This is the issue that is constantly brought to our attention and must be addressed if we want the best outcome for the children, along with retaining the resource families that care for them.
Act 18 Of 2000 That Amended The Juvenile Act On Guardian Ad Litem Responsibilities
1. Meet with the child, as soon as possible following appointment pursuant to section 6337 (relating to right to Counsel) and on a regular basis thereafter, in a manner appropriate to the child’s age and maturity.
2. On a timely basis, be given access to relevant court and county agency records; reports of examination of the parents or other custodian of the child pursuant to this chapter; and medical, psychological and school records.
3. Participate in all proceedings, including hearings before masters, and administrative hearings and reviews to the degree necessary to adequately represent the child.
4. Conduct such further investigation necessary to ascertain the facts.
5. Interview potential witnesses, including the child’s parents, caretakers and foster parents; examine and cross-examine witnesses; and present witnesses and evidence necessary to protect the best interests of the child.
- At the earliest possible date, be advised by the county agency having legal custody of the child of:
(i) any plan to relocate the child or modify custody or visitation arrangements, including the reasons therefore, prior to the relocation or change in custody or visitation; and
(ii) any proceeding, investigation or hearing under 23 Pa. Cons. Stat. Ch. 63 (relating to child protective services) or this chapter, directly affecting the child.
7. Make specific recommendations to the court relating to the appropriateness and safety of the child’s placement and services necessary to address the child’s needs and safety.
8. Explain the proceedings to the child, to the extent appropriate given the child’s age, mental condition and emotional condition.
9. Advise the court of the child’s wishes, to the extent that they can be ascertained, and present to the court whatever evidence exists to support the child’s wishes. When appropriate because of the age or mental and emotional condition of the child, determine, to the fullest extent possible, the wishes of the child and communicate this information to the court. A difference between the child’s wishes under this paragraph and the
recommendations under paragraph (7) shall not be considered a conflict of interest for the guardian ad litem.
