First Adopted: May 20, 2009
Most Recently Effective: September 01, 2011
Appendix C | Standards with Comments for Guardians ad Litem in Juvenile and Family Court Division Matters |
Standard 14.0 | Training
The court shall not appoint a lawyer to serve as guardian ad litem until the lawyer has completed eight hours of continuing legal education devoted to guardian ad litem training. Thereafter, to continue to be appointed as a guardian ad litem, a lawyer shall complete three hours of continuing legal education devoted to guardian ad litem training annually. The hours required for guardian ad litem training qualify toward the mandatory annual 15 hours of continuing legal education.
The program sponsor shall obtain approval of the program for continuing legal education from The Missouri Bar. Any continuing legal education required by this standard shall not be completed by self study. In addition, the program sponsor shall obtain approval of the program as guardian ad litem training from the presiding judge in a circuit where the training is offered. Completion of the training hours shall be documented by an affidavit or other evidence filed with the appointing court by July 31st of each year.
Any lawyer who has completed at least six hours of guardian ad litem training within five years prior to the date of the adoption of these standards shall not be required to complete the initial eight hour course of study. Any lawyer currently approved by the court to serve as a guardian ad litem who has not completed any guardian ad litem training within five years prior to the date of the adoption of these standards shall have one year from the date of the adoption of these standards to complete the initial eight hours of training.
The judge appointing the guardian ad litem shall determine whether the lawyer has completed the required training prior to making any appointment.
Prior to appointment, the lawyer must have completed a training program in permanency planning.
Comment
Guardian ad litem practice is unique and complex and, as such, requires specialized education, training, and experience.
The specialized training may include the following topics:
(a) Dynamics of child abuse and neglect issues;
(b) Factors to consider in determining the best interests of the child, including the required permanency planning and the child’s right to be with his or her family;
(c) Inter-relationships between family system, legal process and the child welfare system;
(d) Federal, state and local legislation and case law affecting children;
(e) Cultural and ethnic diversity and gender-specific issues;
(f) Family and domestic violence issues;
(g) Available community resources and services;
(h) Child development issues; and
(i) Guardian ad litem standards.
The guardian ad litem is not expected to make diagnostic or therapeutic recommendations. The guardian ad litem must have a working knowledge of family dynamics and be able to compare and relate this concept to the observations, reports, and documentation received regarding the child and the child's family.
(Adopted May 20, 2009, effective January 1, 2010. Amended August 29, 2011, effective September 1, 2011.)