GALs and Family Court

Minnesota Statutes Regarding Guardians ad Litem in Family Court Matters

518.165 Guardians for minor children.

Subdivision 1. Permissive appointment of guardian ad litem. In all proceedings for child custody or for dissolution or legal separation where custody or parenting time with a minor child is in issue, the court may appoint a guardian ad litem from a panel established by the court to represent the interests of the child. The guardian ad litem shall advise the court with respect to custody, support, and parenting time.

Subd. 2. Required appointment of guardian ad litem. In all proceedings for child custody or for marriage dissolution or legal separation in which custody or parenting time with a minor child is an issue, if the court has reason to believe that the minor child is a victim of domestic child abuse or neglect, as those terms are defined in sections 260C.007 and 626.556, respectively, the court shall appoint a guardian ad litem. The guardian ad litem shall represent the interests of the child and advise the court with respect to custody, support, and parenting time. If the child is represented by a guardian ad litem in any other pending proceeding, the court may appoint that guardian to represent the child in the custody or parenting time proceeding. No guardian ad litem need be appointed if the alleged domestic child abuse or neglect is before the court on a juvenile dependency and neglect petition. Nothing in this subdivision requires the court to appoint a guardian ad litem in any proceeding for child custody, marriage dissolution, or legal separation in which an allegation of domestic child abuse or neglect has not been made.

Subd. 2a. Responsibilities of guardian ad litem. A guardian ad litem shall carry out the following responsibilities:

(1) conduct an independent investigation to determine the facts relevant to the situation of the child and the family, which must include, unless specifically excluded by the court, reviewing relevant documents; meeting with and observing the child in the home setting and considering the child's wishes, as appropriate; and interviewing parents, caregivers, and others with knowledge relevant to the case;

(2) advocate for the child's best interests by participating in appropriate aspects of the case and advocating for appropriate community services when necessary;

(3) maintain the confidentiality of information related to a case, with the exception of sharing information as permitted by law to promote cooperative solutions that are in the best interests of the child;

(4) monitor the child's best interests throughout the judicial proceeding; and

(5) present written reports on the child's best interests that include conclusions and recommendations and the facts upon which they are based.

GUARDIAN AD LITEM FEE POLICY AND COLLECTION PROCEDURE

The Conference of Chief Judges, Assistant Chief Judges, and the State Court Administrator issued the following administrative policy (Administrative Policy No. 20) with respect to GAL Fee amounts.

Guardian Ad Litem Fee Policy (as ratified)

Reimbursement for services will be required at the following rates. The fees are reimbursable to the local program and can be used to provide program services.

Flat Rate Fees: If only one parent is involved in the court case, they are responsible for one half of the total amount unless otherwise ordered. Thus, the actual amount assessed against each person is half the total amount unless the Court orders otherwise.

Fee schedule:

Abuse, Neglect, and TPR Cases-- $800 total
Truant, Runaway and Delinquency Cases -- $400 total
All other Juvenile Cases-- $400 total
Custody, Visitation and Dissolution Cases-- $1200 total
All other Family Cases-- $600 total
All other-- $400 total
OFPs -- No charge

Adminitrative Fee of $250.00 will be assessed if the Guardian ad Litem has just begun work (5 hours or less) and a stipulation has been signed or an order by the court dismissing GAL.

The fee schedule per parent:

Abuse, Neglect, and TPR Cases-- $400
Truant, Runaway and Delinquency Cases -- $200
All other Juvenile Cases-- $200
Custody, Visitation and Dissolution Cases-- $600
All other Family Cases-- $300
All other-- $200
OFPs-- No charge

Adminitrative Fee of $125.00/party will be assessed if the Guardian ad Litem has just begun work (5 hours or less) and a stipulation has been signed or an order by the court dismissing GAL.

GAL Fee Collection Procedure: Effective December 3, 2003

Clarification of CCJ Policy 20: The GAL fees are “flat-rate” assessments against the parents that can be adjusted at the discretion of the presiding judge based on ability to pay and level of work required by the GAL.

Statutory Authority for GAL Fee Collection

CHIPs (includes Truancy and Runaways when appointed) M.S. 260C.331, Subd. 6 (a)

“In proceedings in which the court appoints a guardian ad litem pursuant to section 260C.163, subdivision 5, clause (a), the court may inquire into the ability of the parents to pay for the guardian ad litem’s services and , after giving the parents a reasonable opportunity to be heard, may order the parents to pay guardian ad litem fees.”

Delinquency M.S. 260B.331, Subd. 6 (a)

Dissolution M.S. 518.165, Subd. 3 (a)

“… if a guardian ad litem is appointed on a fee basis, the court shall enter an order for costs, fees, and disbursements in favor of the child’s guardian ad litem. The order may be made against either or both parties, except that any part of the costs, fees, or disbursements which the court finds the parties are incapable of paying shall be borne by the state courts…In no event may the court order that costs, fees, or disbursements be paid by a party receiving public assistance or legal assistance or by a party whose annual income falls below the poverty line as established under United States Code, Title 42, section 9902 (2).

Custody M.S. 257.69, Subd. 2 (a)

“The court may order expert witness and guardian ad litem fees and other costs of the trial and pretrial proceedings, including appropriate tests, to be paid by the parties in proportions and at times determined by the court.”

Legal Boundaries in Assessing Fees

§ Must be based on ability to pay and provide an opportunity to have a reconsideration of the fee order issued by the court.

§ Must not assess parties if they are receiving public assistance, legal assistance, or income is below the poverty line.

GAL Fee Assessment Procedure: “Best Practice”

1) The parents must submit the “Guardian ad Litem Fee Waiver Application” to the designated screener-collector (who may be a screener-collector, other court administration staff person or GAL Program screener) for review, preferably before their first court appearance or immediately following their first appearance. The designated screener will recommend to the court either an assessment or a waiver of the GAL fees.

2) The order appointing the GAL program on the case should state the assessed amount of the GAL fee(s) if ordered. The order should specify the total amount owed by each parent and should direct the parents to make payment arrangements with the designated screener-collector. A copy of the Order Appointing the GAL should be sent to the designated screener/collector.

3) If the parent(s)’ financial circumstances change during the pendency of the case, they may submit a “request for reconsideration” to the Court that can be addressed at the next scheduled hearing.

4) The designated screener collector will verify the fees ordered by the court and will ensure that the Court Information System (either TCIS or MNCIS) file record includes necessary and accurate information about the payees’ names and addresses and financial status on the appropriate participant screens. The screener collector will facilitate the payment on an up-front basis, and will set up a monthly payment contract to ensure payment on the balance of accrued GAL fees.

5) When the parent(s) submits their payment to the county Court Administrator’s Office, court personnel should receipt the money to the GAL account in the trial court information system.

6) At month-end, the monies received in the GAL account should be reflected on Section D of the monthly remittance report (for Districts 1, 3, 6 and 10). A check for this amount should be sent to the District Administration office.

7) District Administration will verify receipt of this money and forward it to the state to be deposited into the GAL account for credit to the District GAL program.

8) Revenue Recapture methods may be used if the payee defaults on their monthly payment and makes no arrangement to catch up on their arrearages.

9) The SCAO Finance Division will ensure that the District GAL program generating the fee amount is in turn credited with that amount and such amount shall be “held harmless” as strictly local revenue to be used for the District GAL program and not for any other purpose. (As per M.S. 257.69, Subd. 2 (b)

Please contact Brenda Johnston at (651) 266-5270 with any questions.

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