COBI 2015 - Guardian ad Litem

Overview
Issues
Performance
Background
Financials

Sources Uses

FY 2016 Appropriation

The Office of Guardian ad Litem (GAL) and Court Appointed Special Advocate (CASA) is a separate line item within the Judicial Branch budget, however operates independent of the Judicial Council and the Administrative Office of the Courts. The Administrative Office of the Courts helps to provide finance/accounting/budgeting expertise to the GAL.

Funding History

Appropriation Overview

During the 2015 General Session, the Legislature appropriated for Fiscal Year 2016, $7,191,600 from all sources for Guardian ad Litem. This is a 3.6 percent reduction from Fiscal Year 2015 revised estimated amounts from all sources. The total includes $6,242,400 from the General/Education Funds, an increase of 3.3 percent from revised Fiscal Year 2015 estimates.

Appropriation Adjustments

In addition to statewide compensation and internal service fund cost increases, the following appropriation adjustments were made during the 2015 General Session:

DescriptionOngoingOne-Time Child and Family Amendments$3,700$0

OngoingOne-TimeFinancing Source

$3,700$0General Fund

Enactment of this legislation likely will not materially impact state revenue. Assuming about 5 cases annually, enactment of this bill could create total ongoing costs of $25,000 from the General Fund for the following agencies beginning in FY 2016: 1. Courts - $5,300 - for processing hearings, 2. Attorney General - $4,900 - for attorney representation, and 3. Guardian ad Litem (GAL) - $3,700 - for attorney representation, and 4. Division of Child and Family Services (DCFS) - $11,100 - for evaluations.

Parent and Child Amendments$9,000$0

OngoingOne-TimeFinancing Source

$9,000$0General Fund

Enactment of this legislation likely will not materially impact state revenue. Assuming about 60 shelter and other removal hearings cases, enactment of this bill could create total ongoing costs of about $52,900 from the General Fund for the following agencies beginning in FY 2016: 1. Courts - $32,000 - for processing hearings and judge time; 2. Attorney General - $11,900 - for attorney representation and research; and 3. Guardian ad Litem (GAL) - $9,000 - for attorney representation. Also, assuming about 15 cases of investigating cases of mental abuse, the Department of Human Services may have additional costs of about $1,500 annually for a total General Fund impact of $54,400.

The Office of the Guardian ad Litem (GAL) is formulated and employed public performance measures during FY 2013 and 2014. Fiscal Year 2014 is the first full year of implementation. The Guardian ad Litem reports the following performance measures for the office.

STANDARD I: GAL Attorneys shall be competent and knowledgeable attorneys and shall participate in training that addresses issues surrounding abuse and neglect, as well as improving legal skills. PERFORMANCE MEASURE I: The Office of GAL will measure the participation of GAL attorneys in required trainings, as well as attorney satisfaction in the subject matter of the provided trainings. PERFORMANCE MEASURE I FY14: In FY14, the Office of GAL provided GAL attorneys access to the following trainings: National Institute of Trial Advocacy, a skills based training; Annual Drug Court Conference; GAL Annual Conference; Joining Forces, Prevent Child Abuse Conference; Annual ICWA Conference; GAL/Parental Defenders Conference; and the Children's Justice Center Annual Symposium. These trainings provided not only valuable information about the recognition and treatment of victims of abuse and neglect, as well as treatment of their families, but also improved the advocacy skills of our attorneys. Our attorneys consistently reported satisfaction from attending these trainings and found the trainings to be beneficial to their practice.

STANDARD II: GAL Attorneys shall have caseloads that allow them to adequately represent their clients. PERFORMANCE MEASURE II: The Office of GAL will measure the average number of children being represented by GAL attorneys during the fiscal year. PERFORMANCE MEASURE II FY14: In FY14, GAL Attorneys had on average 142 children on their caseload at any given time. This number is decreasing thanks in part to authorization by the legislature to reallocate resources within the Office of GAL. In Second District, caseloads were particularly high and an additional attorney was hired to address this issue. An additional attorney was also hired in the Basin to reduce caseloads there.

STANDARD III: GAL Attorneys shall ensure that the children they represent are present in court and able to participate when appropriate. PERFORMANCE MEASURE III: The Office of GAL will measure the number of children attending postadjudication hearings as specified in Utah Code section 78A-6-305; or if not attending, the reason why the child is not in attendance. PERFORMANCE MEASURE III FY14: In FY14, more than 50% of children attended and participated in their court hearings. The most common reason for children not attending their court hearing is that it is impractical for the child to attend. The Office of GAL is working with the courts and community partners to increase the presence of our clients in court, especially older youth.

STANDARD IV: GAL attorneys shall ensure that there is appellate review for decisions affecting their clients. PERFORMANCE MEASURE IV: The Office of GAL will measure the number of appeals initiated, as well as participated in, by GAL attorneys. PERFORMANCE MEASURE IV FY14: In FY14, the Office of GAL participated in 116 appeals on behalf of our clients. We also staffed many other cases to determine the efficacy of an appeal

STANDARD V: GAL attorneys will complete an independent investigation and communicate regularly with their clients. PERFORMANCE MEASURE V: The Office of GAL will measure the number of completed independent investigations by GAL attorneys, including non-client contacts; measure the number of client contacts by GAL attorneys, as well as the frequency of those contacts. PERFORMANCE MEASURE V FY14: In FY14, Office of GAL attorneys engaged in 50,184 activities in order to complete an independent investigation on behalf of the 11,463 children we represented. Our GAL attorneys also met with these children 31,013 times. During these communications with our clients, especially older youth, GAL attorneys explained the court process, obtained the clients wishes and identified services with the clients to assist them with returning home or finding another permanent placement.

STANDARD VI: GAL attorneys shall ensure clients and their families receive appropriate services to keep children safely with their families or reunite them whenever practical by attending court hearings and participating in Family Team Meetings. PERFORMANCE MEASURE VI: The Office of GAL will measure the number of hearings attended by GAL attorneys and the number of Family Team Meetings in which GAL attorneys participated. PERFORMANCE MEASURE VI FY14: In FY14, Office of GAL attorneys attended 18,431 hearings on behalf of our clients. During those hearings, our attorneys informed the court about the steps they had taken to prepare for the hearing, their recommendations, including what was in the best interest of the child, as well as the child's wishes, and the basis for their recommendations. Our attorneys also participated in 4,128 family team meetings where we advocated for services for our clients and their families. Finally, in an attempt to resolve the issues before the court, as well as giving families a voice in the legal process, our GAL attorneys attended 909 mediations.

STANDARD VII: GAL attorneys shall be provided with and shall use technology in order to be more efficient, and to move towards a paperless practice. PERFORMANCE MEASURE VII: The Office of GAL will measure the use of E-filing by GAL attorneys in both juvenile and district court, the use of the VOICE database, as well as a shared document library on Google, by GAL attorneys. PERFORMANCE MEASURE VII FY14: In FY14, all Office of GAL pleadings in the District Court were E-filed. The projected date for E-filing in the Juvenile Court is June of 2015 and the Office of GAL is prepared to pilot E-filing in the Juvenile Court starting in January of 2015. Our VOICE database already interfaces with the court's database system and as such, we are in a position to transition in a seamless manner. Further, all of our GAL attorneys have appropriate technology and equipment that allows them to access systems wherever they are, to maximize their time and to move towards a paperless practice.

Statute

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.

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.

Intent Language

HB0003: Item 24

Under Section 63J-1-603 of the Utah Code, the Legislature intends that the appropriations provided for in the Guardian ad Litem line item not lapse at the close of Fiscal Year 2015.

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

Display By:

Funding Source

Expenditure Category

Appropriation Type:

Appropriation History by

Programs	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
Guardian ad Litem	6,314,600	6,256,700	5,831,500	6,476,000	6,961,800	500,000	7,461,800	(270,200)	7,191,600
Total	$6,314,600	$6,256,700	$5,831,500	$6,476,000	$6,961,800	$500,000	$7,461,800	($270,200)	$7,191,600

Sources of Finance	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
General Fund	5,033,100	5,031,500	5,151,600	5,568,500	6,020,800	0	6,020,800	195,300	6,216,100
General Fund, One-time	0	0	0	10,200	20,400	0	20,400	5,900	26,300
Dedicated Credits Revenue	202,000	156,500	134,900	111,200	77,000	0	77,000	0	77,000
GFR - Children's Legal Defense	451,300	449,400	457,400	470,100	470,100	0	470,100	16,600	486,700
GFR - Guardian Ad Litem Services	515,300	364,400	368,300	373,500	373,500	0	373,500	12,000	385,500
Transfers	10,300	24,800	15,100	16,800	0	0	0	0	0
Beginning Nonlapsing	462,800	360,200	130,100	425,900	0	500,000	500,000	(500,000)	0
Closing Nonlapsing	(360,200)	(130,100)	(425,900)	(500,000)	0	0	0	0	0
Lapsing Balance	0	0	0	(200)	0	0	0	0	0
Total	$6,314,600	$6,256,700	$5,831,500	$6,476,000	$6,961,800	$500,000	$7,461,800	($270,200)	$7,191,600

Categories of Expenditure	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
Personnel Services	5,429,900	5,477,000	5,344,100	5,466,700	6,377,600	0	6,377,600	229,100	6,606,700
In-state Travel	55,000	68,000	61,300	68,500	68,200	0	68,200	0	68,200
Out-of-state Travel	5,200	37,900	6,000	1,900	2,900	0	2,900	0	2,900
Current Expense	558,500	500,900	414,200	519,200	491,800	500,000	991,800	(500,000)	491,800
DP Current Expense	257,000	156,400	5,900	419,500	2,300	0	2,300	700	3,000
Capital Outlay	9,000	16,500	0	200	0	0	0	0	0
Other Charges/Pass Thru	0	0	0	0	19,000	0	19,000	0	19,000
Total	$6,314,600	$6,256,700	$5,831,500	$6,476,000	$6,961,800	$500,000	$7,461,800	($270,200)	$7,191,600

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Other Indicators	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
Budgeted FTE	67.80	65.50	74	73	74.63	0.37	75	0	75
Actual FTE	71.70	73.80	70.50	71.10	0	0	0	0	0
Vehicles	6	7	7	8	8	0	8	1	9

COBI contains unaudited data as presented to the Legislature by state agencies at the time of publication. For audited financial data see the State of Utah's Comprehensive Annual Financial Reports.