Agency: Courts

Line Item: Guardian ad Litem

Function

The Office of Guardian ad Litem (GAL) and Court Appointed Special Advocate (CASA) is a separate line item within the court's budget. The program provides state-funded attorneys to represent the best interests of minors in Juvenile Court when there is an allegation of abuse, neglect, or dependency. A GAL may also be appointed in juvenile court for child protective order, emancipation, or delinquency cases. A GAL may also be court-appointed to represent minors when allegations of abuse or neglect arise in the District Court during divorce or custody proceedings or in a criminal case when the victim is a child. The Office also administers the private GAL program which provides trained private attorneys to serve as GAL for children in custody disputes which do not involve allegations of abuse and/or neglect. There are Guardian ad Litem offices in all eight judicial districts. The GAL office includes a Court Appointed Special Advocate (CASA) system that uses trained volunteers to assist attorneys in representing the best interests of children in the juvenile courts.

Statutory Authority

Several sections of Utah Code guide the operations of the Guardian ad Litem.

• UCA Sections 78A-6-901 and 902 establish the office, provide an organizational framework, and assigns duties,
• UCA 78A-2-227 outlines the requirements for Guardian ad Litem involvement in District Court,
• UCA 78A-2-228 sets conditions for private attorney use as a Guardian ad Litem in District Court, and
• The Federal Child Abuse Prevention and Treatment Act, 42 USC 5106a(b)(A)(ix) also guides this program.

Intent Language

Under Section 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided for Guardian ad Litem in Item 24 of Chapter 2 Laws of Utah 2011 not lapse at the close of fiscal year 2012.

If the Legislature approves the ongoing Building Block request for the Guardian ad Litem Attorney and associated vehicle, it will then be the intent of the Legislature to grant authority for the purchase of one additional vehicle.

Funding Detail

As in most of the judicial budgets, funding is mostly General Fund - over 80 percent of the budget is General Fund.