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