GUIDELINES FOR GUARDIANS AD LITEM
PRACTICING IN THE COURT OF COMMON PLEAS
FOR CUYAHOGA COUNTY - JUVENILE DIVISION
A guardian ad litem fulfills a critical role in a juvenile case. The guardian ad litem is an
attorney licensed to practice in the State of Ohio and meets the criteria set down by the juvenile
court in order to represent what is in the best interests of a child identified hereafter as "ward".
(Ward can be a juvenile, adult, or a person with a disability). The guardian ad litem does not
necessarily represent his/her ward's desires, but formulates an independent position regarding
issues presented to the court for determination. A guardian ad litem shall render a
recommendation when appropriate.
The Guidelines identified herein are statements of norms, expressing in general terms the
standard of professional conduct expected of guardians ad litem in relationships with their
wards, with the legal system and with the legal profession.
The Guidelines are aspirational in character and represent the objectives toward which
every guardian ad litem should strive. They constitute a body of principles upon which a
guardian ad litem can rely for guidance in many specific situations.
These Guidelines were approved by the Guardian Ad Litem Advisory Committee of the
Guardian Ad Litem Project. They are an effort to insure optimal representation of the best
interests of wards and a means to prevent the guardian ad litem's role from being merely
symbolic. These Guidelines may be amended from time to time.
GUIDELINE 1
A GUARDIAN AD LITEM SHALL SEEK TO DETERMINE AND
ADVOCATE FOR WHAT IS IN THE BEST INTERESTS OF HIS/HER WARD.
1.1 - The guardian ad litem shall seek to determine all of the relevant facts and
circumstances affecting his/her ward and from that information make a determination of what
the guardian ad litem believes is in the ward's best interest. The guardian ad litem shall
advocate to the court such determination.
1.2 - The guardian ad litem may be appointed as counsel and guardian ad litem for
his/her ward and, if so, shall advocate accordingly.
1.3 - If a conflict appears between the guardian ad litem's role as guardian ad litem and
counsel, the guardian ad litem shall immediately notify the Court of the conflict and request that
the guardian ad litem be appointed counsel and that a separate attorney be appointed guardian
ad litem or in the alternative, shall request permission to withdraw. Withdrawal from the case
often causes delays and hardship on the parties and therefore, should not be requested except in
unusual circumstances.
1.4 - If a guardian ad litem determines that a case in which the guardian ad litem is
appointed contains issues that the guardian ad litem cannot adequately handle, the guardian ad
litem shall request that the court appoint an additional guardian ad litem, appoint counsel for
the guardian ad litem, permit the guardian ad litem to withdraw, or take other appropriate
action.
1.5 - A guardian ad litem may be appointed for more than one (1) ward in a case. In the
event that the guardian ad litem determines that a conflict exists between what is in the best
interests of each ward, the guardian ad litem shall apprise the Court of the nature of the conflict
and request appropriate relief, such as appointment of a separate guardian ad litem for one or
more of the wards.
1.6 - A guardian ad litem shall adhere to the Rules of Professional Conduct and rules
applicable to the Cuyahoga County Juvenile Court.
1.7 - Guardian ad litem practice in Juvenile court is unique and increasingly complex
and therefore, the guardian ad litem shall comply with the continuing education requirements of
the Guardian Ad Litem Advisory Committee as adopted and approved by the Cuyahoga County
Juvenile Court.
GUIDELINE 2
A GUARDIAN AD LITEM SHALL INVESTIGATE A CASE
IN ORDER TO PREPARE FOR HEARING.
2.1 - The guardian ad litem advocates for what is in a ward's best interest, not
necessarily a ward's desires. Although a ward may express a desire that the guardian ad litem
believes is not in the ward's best interest, no conflict may exist. In the event a conflict does exist
at any stage of the proceeding the guardian ad litem shall apprise the Court of the conflict and
seek the appropriate relief.
2.2 - Statements made to a guardian ad litem in his/her capacity as guardian ad litem
and evidence coming to a guardian ad litem are not confidential. A guardian ad litem should
advise the ward, where appropriate, that such statements and evidence are not confidential.
2.3 - A guardian ad litem is subject to the reporting provisions of the Ohio Revised Code
concerning abuse and neglect. A guardian ad litem should advise his/her ward of such reporting
requirement where appropriate.
2.4 - The guardian ad litem should present evidence when necessary to advance the best
interests of a ward. This may include filing subpoenas for attendance of witnesses and filing
appeals where necessary.
2.5 - The guardian ad litem should attempt to speak with all parties and appropriate
witnesses, including all interested individuals and professionals involved with the ward and the
ward's family.
2.6 - The guardian ad litem should communicate with social workers, therapists,
counselors, school personnel, mental health professionals and health care providers where
appropriate. Such communication may include homemakers, parent aids, neighbors, ministers,
baby-sitters, daycare providers, relatives, and others.
2.7 - The guardian ad litem should obtain through the appropriate source professional
assistance for the ward where necessary, or in the alternative should apprise the Court of the
need of the ward for such assistance.
2.8 - The guardian ad litem should speak with all Department of Children and Family
Services personnel where necessary to prepare for hearing.
2.9 - The guardian ad litem should review all documents and records necessary to
prepare for hearing.
2.10 - The guardian ad litem should give his/her office telephone number to the ward
unless clearly inappropriate.
2.11 - The guardian ad litem should interview a ward who can communicate. This
communication should usually be done with the ward alone. This communication may be
informal and the guardian ad litem may or may not discuss the specific allegations of the case.
The interview should take into consideration prior investigations or evaluations and a guardian
ad litem should be sensitive to the comfort level of the ward, recognizing that repeated interviews
can be abusive.
2.12 - The guardian ad litem should assist in easing the trauma for a ward by
determining the ward's concerns about issues such as visitation with relatives, participation in
specific sports or activities, and access to pets.
2.13 - The guardian ad litem should have access to confidential information concerning
the ward. If the guardian ad litem is unable to obtain such information informally, then the
guardian ad litem should obtain such information by court order or by obtaining the appropriate
releases.
2.14 - A guardian ad litem should obtain permission from counsel for each party in order
to communicate with such party. The guardian ad litem should communicate with the ward's
physical custodian or placement staff.
2.15 - The guardian ad litem should meet with his/her ward or observe the ward in
placement, except in unusual circumstances.
GUIDELINE 3
A GUARDIAN AD LITEM SHALL FULLY LITIGATE A CASE.
3.1 - The guardian ad litem should recognize that the representation of the best interests
of a ward may require obtaining discovery and filing pleadings. Pleadings may include original
actions, motions, and appellate pleadings.
3.2 - The guardian ad litem shall be involved in all negotiations in order to represent the
best interests of the ward. A guardian ad litem must be knowledgeable of the effect of
continuances and delays on the ward and advocate accordingly.
3.3 - The guardian ad litem shall attend all hearings unless a particular hearing involves
issues completely unrelated to the child for which the guardian ad litem may request that his/her
presence be waived.
3.4 - The guardian ad litem may request authority to pursue issues on behalf of the ward
not specifically arising from the court appointment, e.g. SSI, paternity, personal injury or
criminal matters.
3.5 - Custody proceedings necessarily involve visitation orders and support issues. A
guardian ad litem should address these issues which may involve proceedings for sanctions for
failure to comply with orders of court.
3.6 - It is the guardian ad litem's choice to present evidence through other witnesses or
through his/her own testimony. A guardian ad litem should, whenever possible, present
testimony through other witnesses. If the guardian ad litem chooses to present evidence which
has not otherwise been presented to the Court, due process requires that the guardian ad litem
be available for cross-examination. If the guardian ad litem presents all of his/her evidence
through other witnesses, he/she should not testify or submit to cross-examination.
3.7 - The guardian ad litem should, where necessary, obtain expert testimony to advance
the best interests of a ward. In the event that the guardian ad litem submits sworn testimony
concerning a material fact, then the guardian ad litem should request permission from the Court
to withdraw.
3.8 - The guardian ad litem shall determine whether it is in the best interest of his/her
ward to testify. In the event it is not in his/her best interest to testify, and any other party desires
to obtain such testimony, the guardian ad litem shall file the appropriate pleading for the
purpose of advancing the best interest of the ward, which may include the filing of protective
orders and/or motions to quash.
GUIDELINE 4
THE GUARDIAN AD LITEM SHALL ACTIVELY
PARTICIPATE IN DISPOSITION.
4.1 - The guardian ad litem should identify and advocate for needed resources such as
drug and alcohol treatment, vocational assistance, parenting education, counseling, and
programs for special needs.
4.2 - The guardian ad litem shall formulate an independent position after considering all
relevant information, including, but not limited to, the desires of the ward and parents.
4.3 - The guardian ad litem's recommendation should result from his/her independent
investigation. The guardian ad litem does not necessarily adopt or advocate for the ward's
desires unless it would serve the ward's best interest. Unless there are compelling reasons
concerning the ward's welfare, the guardian ad litem shall communicate the ward's desires to
the Court or arrange for the ward to do so directly.
4.4 - The cases in which the guardian ad litem becomes involved usually evoke strong
feelings in the parties and their family and friends. The guardian ad litem should attempt to
understand the emotional dynamics of the situation and should not be unduly influenced by
concern that his/her position is offensive to one side or by pressure or threats from anyone. The
guardian ad litem is not required to tolerate harassment, assault, or other criminal behavior.
4.5 - The guardian ad litem should avoid even the appearance of bias or impropriety.
The guardian ad litem has a responsibility to commence his/her role in a neutral posture. At
some point in the proceedings, the guardian ad litem must form an opinion concerning the
ward's best interests. An attempt to persuade the Court to that view does not indicate bias.
4.6 - The guardian ad litem should make clear recommendations to the Court concerning
the best interests of the child at every stage of litigation, including all placement decisions.
4.7 - The guardian ad litem need not submit written reports or recommendations to the
Court or any party unless required by law or court order, but may do so if it will promote the
best interests of the child. If a written report or recommendation is to be submitted, due
consideration should be given to the timing of the report. In some cases, clear recommendations
by the guardian ad litem, in advance, may promote settlement in the child's best interest.
However, it is inappropriate for the guardian ad litem to make recommendations if information
will be developed in a hearing which will bear on the ward's best interest and that information is
not available to the guardian ad litem until the evidence is presented. Except as provided by
statute it is suggested that the report or recommendation of the guardian ad litem be presented in
the form of argument.
GUIDELINE 5
THE GUARDIAN AD LITEM SHALL ACTIVELY ASSIST
IN POST DISPOSITIONAL MATTERS.
5.1 - The guardian ad litem shall continue to attend to all relevant matters of his/her
ward until such time as the Court approves his/her withdrawal from a case, or the guardian ad
litem's duties terminate by operation of law.
5.2 - In custody and visitation cases, the guardian ad litem shall continue to represent the
best interests of his/her ward until a final order relative to the ward has been issued by the
Court, subject to the duties set forth in Guideline 6.
5.3 - The guardian ad litem shall initiate and/or participate in appellate proceedings
arising from the matter in which the guardian ad litem has been assigned to represent the child’s
best interests in accordance with the requirements of Guideline 6.
GUIDELINE 6
A GUARDIAN AD LITEM SHALL INITIATE AND/OR PARTICIPATE
IN APPELLATE PROCEEDINGS IF IN THE BEST INTEREST OF THE WARD.
6.1 - A guardian ad litem who has been assigned to represent the best interests of a child
in juvenile court proceedings should recognize that the trial court may issue a decision that is
contrary to the guardian’s recommendation as to the child’s best interest.
6.2 - A guardian ad litem shall file a Notice of Appeal regarding a trial court decision if
such action would serve to protect the best interests of the child. Once the Notice of Appeal has
been filed, a guardian ad litem shall comply with Subsections 6.4 and 6.6 of this Guideline.
6.3 - A guardian ad litem shall seek to protect the best interests of the child in any
appellate proceedings arising from the matter in which the guardian ad litem has been assigned
to represent the child’s best interests.
6.4 - Unless a guardian ad litem wishes to represent himself/herself on appeal, a
guardian ad litem shall seek appointment of legal counsel to represent the guardian ad litem in
pending appellate proceedings. A guardian ad litem shall file an appropriate motion requesting
that another guardian ad litem be appointed to serve in that capacity if the guardian ad litem
lacks the requisite knowledge, ability and/or time commitment necessary to participate in the
appellate proceedings.
6.5 - A guardian ad litem is a distinct party to a juvenile proceeding, and a guardian ad
litem’s initiation of, or participation in, an appeal is distinct from an appeal by the child. In
those cases where the trial court has issued a dual-appointment order and the child is of
sufficient maturity to direct that an appeal be filed on the child’s behalf, the attorney/guardian
ad litem shall initiate a separate appeal or cross-appeal, on behalf of the child, in keeping with
the attorney’s role and general ethical obligations. The guardian ad litem may also request a
separate appointment of counsel for the child for the child’s appeal. In the event a dual-
appointment leads to uncertainty in relation to the responsibilities of a guardian ad litem for
purposes of appeal, the guardian ad litem shall immediately consult with the Guardian Ad Litem
Project Administrator.
6.6 - A guardian ad litem who appears on behalf of a ward, and/or is appointed as legal
counsel by the appellate court, shall fully participate in briefing and oral argument in the
pending appellate proceedings to the extent necessary to protect the child’s best interest.
6.7 - A guardian ad litem is a party to an appeal of a trial court decision resulting from
proceedings to which the guardian ad litem is a party. In addition to the requirements listed at
Subsections 6.4 and 6.6, a guardian ad litem shall immediately notify the Guardian Ad Litem
Project Administrator if it is either determined or anticipated that an appeal may involve any
issues relevant to the practice of guardians ad litem. Information to be provided shall include
the issue(s) involved, along with the case name, appellate case number, and any other
information deemed appropriate.
GUIDELINE 7
Reserved
GUIDELINE 8
Reserved
GUIDELINE 9
Reserved
GUIDELINE 10
Reserved15
GUIDELINE 11
A GUARDIAN AD LITEM SHALL BE COMPENSATED
FOR HIS/HER SERVICES RENDERED.
11.1 - Compensation of guardians ad litem is subject to Rule 17 of the Rules of the
Juvenile Division of the Court of Common Pleas for Cuyahoga County.
11.2 - A Guardian ad Litem may file a Motion, Entry and Certification for Appointed
Counsel Fees, Ohio Public Defender Form 1026R in accordance with the Fee Bill Policy in
effect for GALs practicing in the Cuyahoga County Juvenile Court.
11.3 - Upon the Court’s approval of a Guardian ad Litem’s properly filed OPD Form
1026R, Cuyahoga County will pay a Guardian ad Litem for services rendered in accordance
with the Assigned Counsel and Guardian ad Litem Fee Bill Policy, revised 7/11/08 and the Fee
Bill Schedule in effect for GALs practicing in the Cuyahoga County Juvenile Court, revised
9/1/2008, and BOCC Resolution No. 004368, as amended on March 2, 2006.
11.4 - In addition to filing the OPD Form 1026R, a Guardian ad Litem may file a Motion
for Extraordinary Fees to be paid out of the County treasury, which will be ruled on in
accordance with the Fee Bill Policy in effect for GALs practicing in the Cuyahoga County
Juvenile Court.
11.5 - In the alternative to filing the OPD Form 1026R, a guardian ad litem may file a
Motion to Assess Guardian Ad Litem Fees to the Parties. In the absence of an agreement, the
GAL shall appear at a hearing to determine a reasonable amount of compensation to be paid to
the guardian ad litem for services rendered by the guardian ad litem based upon the customary16
hourly rate for attorneys practicing in Cuyahoga County and an itemization by date for services
rendered by the guardian ad litem. The court will apportion such fees between the parties as the
court deems appropriate. Such fees are subject to the criteria set forth Rule 1.5 of the Ohio
Rules of Professional Conduct and Swanson v. Swanson (1976) 48 Ohio App. 2d 85.
11.6 - A guardian ad litem who intends to file a motion with the court requesting that the
court order the parties to pay the guardian ad litem's fees shall submit monthly itemized
statements to the parties or their counsel of record identifying the date services were performed,
a description of the services performed, and the time expended for the services performed.
11.7 - If the court orders the parties to pay the guardian ad litem’s fees, the guardian ad
litem waives all right to any compensation from the County Fund for services rendered. This
waiver of further compensation relates only to fees the Court orders the parties to pay for the
period of time the Guardian ad Litem rendered the services set forth in the Motion to Assess
Fees to the Parties.