More than 7,700 Tennessee children who are in foster care because they were abused, neglected or dependent will benefit from a new state Supreme Court rule establishing guidelines for lawyers appointed to represent them as guardians ad litem.
“The guardian ad litem is appointed by the court to represent the child by advocating for the child’s best interests and ensuring that the child’s concerns and preferences are effectively advocated,” the court wrote in Supreme Court Rule 40. “The child, not the court, is the client of the guardian ad litem.”
In 1996, the court appointed a Permanency Planning Commission to review and assess the juvenile court process in cases involving dependent, neglected and abused children. The commission concluded there were “several barriers to permanency for these children within the judicial system,” the court wrote. The Supreme Court rule was adopted in response to the commission’s findings.
“Establishing and maintaining a relationship with the child is fundamental to representation,” the rule states. “The guardian ad litem shall have contact with the child prior to court hearings and when apprised of emergencies or significant events affecting the child.”
Under the rule, appointed lawyers are required to tailor their contact to the ages and development of the children they represent. They also are mandated to provide older children with information and advice, including explaining their rights and the court process.
Besides providing legal assistance, the guardians ad litem are required under the rule to assess the children’s needs and identify community resources available to meet them.