Public Policy

GAL Training Mandated in CAPTA – HHS Issues Guidelines
National CASA Volunteer Curriculum Cited as Model for Volunteer Training

• The first technical assistance bulletin deals with the amendment originally proposed by National CASA that the Guardian ad Litem shall have training appropriate to the role. The ACF guidance states: “Many courts have, too often, appointed individuals as GAL or attorney for the child without those persons having undergone prior training that adequately addresses the specific types of responsibilities they will undertake.” The guidance continues “…the law is now clear that such court practices should not continue. CAPTA was amended to ensure higher quality representation and to bar appointment of untrained or poorly trained court-appointed representatives for children.”
  
  Referring to CASA training, the guidelines explain “…the volunteer curricula developed by the National CASA Association provides a model for training of CASA volunteers before they begin to receive appointments by the court on behalf of individual children. States should consider offering training for lay volunteer CASA or GAL equivalent to that specified in the National CASA Association curricula.”
  
  The technical assistance bulletin cites the standards of practice developed by the American Bar Association and the National Association of Counsel for Children as appropriate training for lawyers representing children in abuse and neglect cases. Several chapters of National CASA’s training curricula address portions of the training recommended for attorneys. CASA programs may want to work with their courts and local bar to assure appropriate training is provided to attorney GALs as quickly as possible. According to ACF, by June 25, 2004, “there should be no appointment of a GAL for a child who has not, before their appointment, received ‘appropriate’ training that is specifically related to their role as the child’s court-appointed representative.” The complete text of the ACF bulletin is available at www.acf.dhhs.gov/programs/cb/initiatives/capta/galtraining.htm
• ACF is now developing technical assistance bulletins for CAPTA amendments with respect to: 1) referrals to Child Protective Services of drug-exposed newborns; 2) referrals to appropriate early intervention services in substantiated cases of children under 3; 3) procedures for open court in abuse and neglect cases; 4) disclosure of confidential information; and 5) criminal background checks for prospective foster, adoptive parents and other adults in the household.