Battered Children

Historically, it has always been believed that parents took care of their children's best interests, but this fallacy became apparent in 1962 when Dr. Henry C. Kempe published The Battered Child Syndrome, and it was recognized for the first time that such a clinical condition existed and threatened a child's life (Heartz, 1997). The child protection movement gained momentum, and by 1967, every state had laws which required professionals working with children to report suspected child abuse and neglect to law enforcement officials designated for this task or to the child protection authorities.

Congress passed the Child Abuse Prevention and Treatment Act (CAPTA) in 1974, requiring the states to provide appointed Guardians ad Litem (GAL) to qualify for grants from the National Center for Child Abuse and Neglect, however it did not specify what the qualifications were for the GAL (Heartz, 2004). In the United States, it is English Common Law that forms the basis of the Guardian ad Litem in court proceedings (Guardian ad Litem History, 2004). There are still 8 states in which GAL appointments are discretionary or only required in certain cases, and there is considerable variation in the way states define Guardian ad Litem (GAL). Twenty states define it in terms of specific duties described in statutes, court rules, or state policies; only five of these have a comprehensive description of the duties for the GAL.

A judge in Seattle conceived the idea of using volunteer

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tions in the way volunteers are appointed too (Heartz, 1997). In some jurisdictions, the volunteers is appointed and may consult with an attorney on the program staff, a contract attorney, a pro-bono attorney, or sometimes a private attorney appointed jointly as GAL. In some jurisdictions, the attorney is appointed as the GAL and a volunteer serves as a Friend of the Court or in a less clearly defined capacity. Volunteers undergo an in-depth 32-hour training program which includes court process, child development, abuse and neglect, sexual abuse, cultural awareness, advocacy, interviewing and investigating, and report writing (Guardian, 2004). The GAL investigates the case, interviews those involved, and submits a report to the judge with recommendations as to what is in the child's best interest (Guardian, 2004). They also appear at various hearings to testify on the child's behalf. The GAL is sometimes required to monitor the Court's orders and the Case Plan to make sure proper protection and appropriate services are provided to the child. Involvement in a case may be for a year or longer, and the GAL is often the only constant in the child's life as they move through the Court system. Volunteers must be at least 20

Category: Government - B