Artist Statement

Through the course of this project, I learned a great deal about the foster care system and filmmaking. Previously, I had never studied foster care; more specifically, I had never bothered to investigate the legal side of this industry. Given this inexperience, I discovered a wealth of information, so much in fact, that I found it necessary to pare down the facts to a singular subject: Guardians Ad Litem. Due to my interest in and understanding of the overarching legal system, I began to wonder why these lawyers perform this task. Technically, there is little (if any) monetary gain and oftentimes children’s cases present a great strain upon the mind. Witnessing the degradation of a child’s family life is never easy. While trying to find an answer to this question, I also learned a great deal about the process of creating blogs (something I had not previously performed) and filmmaking (something I had only done in an extremely limited capacity). True, there were multiple problems, both from a topic and multimedia perspective, but overall, each challenge allowed me to improvise and educate myself with regards to the artistic process.

Most importantly, I found myself legitimately curious as to why busy attorneys would volunteer their time in order to tackle complex and draining children’s cases. Children’s law, given its extremely private nature and typically heart-wrenching subject matter, is rarely pursued for simple “interest”. An attorney must truly want to help these children in order to partake in this field of law. Many firms require their lawyers to participate in a set number of “pro-bono” hours. On account of a trial’s exorbitant costs, many families cannot afford an attorney, leading to the appointment of a pro-bono GAL. While these attorneys are fulfilling their volunteer requirements, many have attested that the work is extremely satisfying and regularly sign on for extra cases. Such a mentality struck me as noble and so I decided to study these volunteer attorneys.

Unfortunately, this subject matter proved extremely difficult to discuss due to its complexity and privacy; thus, I chose to structure my blog in way that was both inviting to newcomers and respectful to those within the system. Essentially, my blog has been created as a generalized introduction to this topic and should by no means be considered “comprehensive” in its information. However, I hope readers walk away feeling more informed regarding the GAL position. A large portion of my first post was devoted to explaining the generalities of the law's impact upon the foster care system. From there, I attempted to steadily narrow the scope, eventually arriving at Guardians Ad Litem. I viewed my interview with Mrs. Anita Cruise as the “showpiece” of the project, as she provided a more personalized and detailed account of these representational volunteers. In terms of photographs, I felt that my pictures of the Milwaukee County Courthouse, GAL guardianship forms, and Kids Matter contributed to the subject matter greatly. While initially seeming out of place, the photos of Kids Matter were included in order to provide a view into Mrs. Cruise’s work environment.

During this project, I encountered a number of unforeseen technical setbacks. For example, the digital camcorder I used for my interview rendered approximately eight of my twenty-five minute video unusable. In addition, my digital camera died prior to taking pictures of the Milwaukee County Courthouse. Luckily, with some editing and ingenuity, I was able to work through these issues. The solutions were not ideal, but they were serviceable. Hopefully, readers of this blog will not find the technical problems too obtrusive.

In conclusion, I learned a great deal about both Guardians Ad Litem and filmmaking. So much work is poured into defending foster children that I cannot help but respect the passion exerted by GALs. This is not a job for the faint of heart. On that note, my limited experience in crafting a film (and subsequent blog) has allowed me to understand the time and exertion required in such an endeavor. It’s certainly not an easy task. The next time I view a film or documentary, I will apply a more critical eye to the proceedings while still appreciating just how much work went into the production.

The Courthouse

As I stated in another blog post, my digital camera died recently (R.I.P.). Therefore, I was unable to upload any pictures of the Milwaukee County Courthouse (where these children's cases are tried). Considering the fact that I had promised to do so, this is comes as a disappointment. Still, in an attempt to rectify the situation, I have scoured the internet for photos of this institution. True, my own photographs would be preferable, but in this situation, I'm out of luck. Most children's court cases are resolved at the Milwaukee County Courthouse, leading GALs to spend a fair amount of time there.

Note, I've placed the first few photos in chronological order. The courthouse has changed over the past 100 years and I thought the progression was kind of cool to see.

(The courthouse circa 1920)

(The courthouse circa 1965)

(The courthouse circa 2008)

(The door leading to the juror's assembly area)

(One of the many courtrooms)

(A judge; ironically, the very same judge that presided over the case in which I was a juror.)

Project Update:

I've decided against posting a youtube video and instead have directed my focus on typing up my artist's statement. The youtube search proved more annoying than I thought. Either the videos were embarrassingly melodramatic or they were too dull and lengthy. I felt that posting these pictures was more beneficial to my blog.

Citation:

http://www.county.milwaukee.gov/MilwaukeeCountyHisto19196.htm?PrintPage=yes

http://www.jsonline.com/blogs/archive/?blogID=28007134&archive=y&startDate=09-01-2007&endDate=09-30-2007

http://www.milwaukeecounty.org/ImageLibrary/Groups/cntySupervisors/cntybrdimages/CntyBrdRMw.jpg

http://media.jsonline.com/images/28007134_wall100307.jpg

GAL Case Study

While looking for foster care and GAL related information on the internet, I stumbled upon a fairly interesting case study regarding Guardians Ad Litem. The case study is somewhat long, so I've posted the portion that deals specifically with the system's problems. Much of what is discussed below has been mentioned in other portions of this blog; however, due to my inexperience with this field, my writings are not nearly as detailed.

Article:

SECTION 3 Guardians Ad Litem in Child Abuse and Neglect Proceedings: Clarifying the Roles to Improve Effectiveness

Document Author: Rebecca Heartz for National CASA Contact: National CASA Date Posted: 5/97

Section 3: Problems with the Current System A. Inadequate and Inconsistent Implementation by the States A 1990 national guardian ad litem study 38 documented the considerable variation among the fifty states in the implementation of the GAL requirement. The study found that the language in many state statutes is broad, leaving interpretation to local jurisdictions. This broad discretion has resulted in wide variation even within a single state, with adjoining counties often having different methods of representation. 39 The researchers cited the lack of a uniform method of representation as well as the lack of clear guidelines for responsibilities as causes of confusion and a blurring of roles. The result is often conflict among social workers, attorneys, and volunteers resulting in poorer representation of children. 40 The study also revealed that lack of adequate funding and the absence of strict accountability 41 have provided little incentive for full implementation by the states. 42 These shortcomings have produced inconsistent and inadequate representation for children, leading the study's authors to conclude that "despite the federal requirement that children receive independent representation, 26 states are not yet in full compliance with the spirit and the intent of the requirement." 43 While many of the participants who took part in the research project have questioned the reported findings from their jurisdictions, 44 few question the portrait of a system not fulfilling its mission. B. Attorney GALs Face Role Conflicts Historically, the role of the guardian ad litem was a legal concept. 45 However, it is clear that the intent of CAPTA and the expectations of most judges appointing GALs is that the responsibilities of the GAL include more than simple courtroom advocacy for the child. The broader role includes protecting the child's interests, including her long-range interests. 46 Numerous authors have written about the ethical conflicts that this expanded role presents to attorneys when they are appointed. 1. BEST INTERESTS VS. WISHES OF THE CHILD The American Bar Association's 1992 Model Rules of Professional Conduct require that attorneys, to the greatest extent possible, maintain a normal client-lawyer relationship when decision-making capability is impaired because of minority. 47 A conflict occurs when a child, who is capable of communicating her desires, expresses wishes which the attorney GAL feels are not in the child's best interests. In such situations it is unclear whether the GAL should argue for the child's best interests or for what the child wants. There is wide disagreement on this issue and few states provide guidance in either statute or policy recommendations. In those states that do, they address the issue differently. 48 In most jurisdictions there is no consistent approach regarding what an attorney should do when she disagrees with the child's express wishes.49 Some solutions have been suggested to help lawyers resolve their ethical bind. 50 Most recommend that the attorney advocate the child's position if the child is capable of considered judgment. 51 Determining the child's capability for such judgment is a complicated process which takes into account the child's age, maturity, and emotional stability. 52 Since the pace of development and level of maturity vary from child to child, children have sufficient abilities at different ages. How then is a child's competence judged by an attorney? One view is that a child's ability to make a thoughtful decision depends on his or her abilities to understand, to reason, and to communicate, together with having a set of values. 53 Another recommendation is that the advocate respond differently to the very young child, and the middle child aged seven to fourteen, 54 while allowing the child's wishes to be determinative at age fourteen. 55 2. PRIVILEGED COMMUNICATIONS Another ethical conflict that arises for attorneys is in the area of privileged communications. 56 Lawyers are ethically bound not to disclose the content of any discussion between themselves and their client, whether adult or child. 57 This means that if a child reveals to an attorney important information that would be relevant to the court's decision in the case, the attorney is duty bound to keep the information confidential. 58 When an attorney is serving as the child's legal counsel representing the child's wishes, there is no dilemma. However, if the attorney is appointed as the GAL and is directed to represent the child's best interests, the privilege may not apply. 59 3. PROVISION OF TESTIMONY Another obstacle to attorneys filling the role of GAL is their inability to provide testimony to the court. Attorneys may be prohibited from testifying in cases in which they are serving as the GAL. 60 However, having the report of the GAL accepted by the judge as an exhibit, or referring to it as part of the record may be insufficient to fully explain the basis upon which a recommendation is made. The parties should have the right to cross-examine the GAL as they would any other witness. Lack of federal or state guidelines and strong arguments on both sides of these issues have contributed another set of obstacles standing in the way of quality representation.

Project Update:

At the moment, I'm still drafting my artist's statement while searching for viable youtube videos. This particular article just happened to be a lucky find which I felt I should post.

Citation:

National CASA Association Website

http://www.casanet.org/Library/guardian-ad-litem/gal-e-section3.htm

A GAL's Screening of Potential Foster Parents

In order to become a foster child's guardian, one must first go through a screening process. Unsurprisingly, this process involves plenty of legal forms that need completing. The first step requires applicants to fill out the "Minor Guardianship Questionnaire"; it's a pretty standard set of forms, mainly detailing the applicant's background information. Assuming the proposed guardian meets the criteria for becoming a foster parent, the child's Guardian Ad Litem will contact them.

Obviously, these forms are only the beginning, as a more thorough background check must occur (typically involving a face-to-face interview). GALs must have stringent standards for this process, as the child's well-being is at stake. As stated previously in this blog, the GAL is there to represent the best interests of the child with whom they are charged. If the GAL feels the child will be placed in a potentially harmful situation (either physically or emotionally), the applicant will be denied.

In total, there were five pages to this form; unfortunately, due to a computer error I was only able to scan in four of the five. Still, the pages that have been included should give readers a feel for the level of stringency that GALs have when selecting a foster child's future guardian. Page five in particular poses some especially interesting (and potentially opinionated) questions. Just double click any of the pages below for more detail.




Project Update:

I've been thinking about adding some youtube videos of legal issues within the foster care system. Any videos I can find on GALs will be added too. Sadly, my idea of uploading photos of the courthouse will not be happening, as my digital camera recently died. It's a shame, but I suppose you can't have everything. Lastly, I should be posting my artist's statement within the next few days.

Citation:

The "Minor Guardianship Questionnaire" form featured in this post has been provided with the express permission of Mrs. Anita Cruise, a legal representative of "Kids Matter Inc.".

My Interview with Anita Cruise

Success!

After much work and irritation, I was able to upload my interview to youtube. Granted, I may have experienced so many problems because of my video's length (nearly seven minutes), but I felt that Mrs. Cruise had a great deal to say on the subject of Guardians Ad Litem. Heck, I could have easily included another ten minutes of material. What is posted represents a "highlights reel" of the discussion. Anita talks about the overall legal process (in regards to foster care), the responsibilities of a GAL, and how a GAL views their clients.

Pardon the somewhat shoddy video quality, my camera was acting strangely during the interview; specifically, the lighting never stays very consistent.

I hope you enjoy this interview. Just click the link below.

http://www.youtube.com/watch?v=0n7ej2Keu-s

Project Update:

Next week, I will be uploading some photos of the legal forms that potential guardians must complete prior to taking care of the foster child. Outside of that, I haven't quite decided what to do...I'm sure I'll think of something to write about though.

Video Troubles

Today I edited my interview with Anita Cruise. Sadly, I was unable to figure out how to upload it. I'll be doing that next week.

The Person I'm Interviewing

This Friday I'll be performing my video interview. Below is the name and background of the lawyer I'll be interviewing, as provided by the Kids Matter website. For the heck of it, I also included some photos from my initial trip to the Kids Matter office.

Anita Cruise JD

Attorney Cruise is employed by Kids Matter Inc. where she serves as legal director for a multidisciplinary team that provides services for families who are caring for children that have been the victims of abuse, neglect or some other crime. Anita recruits and trains volunteer attorneys to provide representation to these families. She provides resource, referral and technical information to staff and clients.

Prior to joining Kids Matter, Anita was a staff attorney for Legal Action of Wisconsin, Inc. where she provided representation in children and family law matters to child victims and their families through the Racine County Children’s Advocacy Program, a collaborative effort between Legal Action, the local women’s domestic violence shelter and a local mental healthcare provider. Anita served as guardian-ad-litem for Racine County.

Anita received her B.S. from Northwestern University and J.D. from Marquette University. She is a member of the State Bar of Wisconsin Family Law Section, the American Bar Association and the National Association of Counsel for Children. She serves as president of Julian Thomas Elementary School PTA and as a board member of Girl Scouts of Racine County.

Kids Matter Photographs:

Citation:

http://www.kidsmatterinc.org/about/board.html

http://www.probonoinst.org/img/km-logo-small.jpg

Just Some Background Information

For my first blog post, I felt it would benefit readers if I provided some background information on the legal aspects of foster care. To accomplish this, I spent a bit of time researching both Guardians Ad Litem and the Milwaukee Bureau of Child Welfare. Also, what I learned from my previous GAL interview regarding privacy standards has been included (in condensed form).

In comparison to the rest of the United States legal system, children’s proceedings are somewhat unique, especially for cases involving foster care. For example, the trial must be kept private because it involves children; those same children are not typically present during the proceedings and are instead represented through “volunteer attorneys”. Despite its quirks, the overall purpose of foster care, from a legal perspective, is surprisingly simple. The Department of Health and Human Services (the agency that oversees the entire foster care industry) states that "The purpose of the federal foster care program is to prevent maltreatment and abuse of children in troubled families by providing a stable temporary home - a foster care family - until the children can safely return to their homes, or a permanent home is found".

In a child’s court case, privacy reigns supreme. Everything said within the courtroom stays in the courtroom. While such stringent privacy standards may cause headaches to those who must navigate and work within the system, one must remember that the information discussed may be potentially embarrassing for the child. If this information were to be made public (which occurs for any court case in which the subjects are over 18), the child’s reputation could be damaged. There is no need to broadcast intimate details of a child’s upbringing.

A child typically lacks the cognitive development (and patience) required to directly participate in court proceedings; therefore, each child is appointed a “Guardian Ad Litem” or GAL. From the Virginia Supreme Court's website, I learned that this Latin phrase literally means, “guardian for the suit” . In other words, an attorney steps in to represent the best interests of a non-participating party. Interestingly, while a Guardian Ad Litem is court appointed, they are not obligated to act in the court’s interest. As a matter of fact, a GAL’s sole duty is to represent the child’s best interest, which may directly conflict with the desires of the court or the child’s parents. During an interview with a volunteer attorney (who has acted as a GAL in the past), I learned that many large legal firms possess “pro bono” programs, in which staffed lawyers perform cases for free in their spare time. Pro bono programs, meaning “for the public good” are quite common and represent a large proportion of the practicing GALs. An exploration of what Guardians Ad Litem do, how they get involved in this profession, and their interactions with foster children will be the primary purpose of this blog.

As far as regulation is concerned, each state contains its own regulatory agency. Wisconsin, for example, relies upon the Milwaukee Bureau of Child Welfare (BMCW) to work with foster children. This organization, in turn, reports to The Administration for Children and Families, which is a part of The Department of Health and Human Services. In the interest of simplicity, I'm just going to be focusing on Wisconsin's regulatory agency. According to their website, the BMCW's primary mission is "to promote the best interest of children by supporting and encouraging families' efforts to resolve problems that threaten the safety of their children. We remove children from their homes when they are not safe. When children cannot be reunited with their families, we will provide suitable alternatives in permanent, stable, and nurturing homes."

Additionally, this bureau provides “classes” to parents in dispositional cases. Basically, when a child is removed from a home due to safety reasons, the parents are required to participate in educational classes prior to having their child returned. Ultimately, this organization, and foster care in general, seeks to reunite broken families.


Project Update:

At the moment, I’m still gathering information and researching my topic. However, I have scheduled an interview with an attorney and will be conducting my video interview shortly. Additionally, I plan on taking a trip to the Milwaukee County Courthouse to take some pictures.

Citation:

Articles:

Program: Foster Care/Agency: Department of Health and Human Services

www.whitehouse.gov/omb/budget/fy2004/pma/fostercare.pdf

Milwaukee Bureau of Child Welfare website

http://dcf.wisconsin.gov/bmcw/progserv/AboutBMCW/generalinfo/visionHistory.htm

Virginia's Judicial System: Guardians Ad Litem for Children

http://www.courts.state.va.us/gal/home.html


Pictures:

http://www.nccourts.org/News/Images/galcroppedlogo.jpg

http://www.boston.com/ae/theater_arts/exhibitionist/gavel-1.bmp

http://www.refugeereunificationproject.org/img/final_color_logo.jpg

Practice

This is my first post. There is nothing of substance here. Move along.