Sunday, April 26, 2009

The Importance of the Threatened Guardian ad Litem Program from Judges' Perspective

This is an editorial published in the Orlando Sentinel written by two Florida judges -

Statewide, the Guardian ad Litem Program ensures that the voices of some 27,000 abused, abandoned and neglected children in our state are heard and not forgotten. But the voices of those children may soon be lost if the 23 percent cut suggested by the Florida House is finalized. The Department of Children and Families, for example, had to remove twins 'Jane' and 'John' from their drug-addicted mother for extreme neglect because she frequently left them alone while prostituting. The judge gave the mother a case plan and an opportunity to attempt to get clean. The court appointed a volunteer guardian ad litem to keep in touch with the children and report on their best interests. The guardian made frequent visits to the children at their various foster homes over the next three years as the mother beat her drug addiction, got the kids back and then relapsed. During that time, judges rotated through the courtroom, DCF case managers came and went, and Jane and John went to different homes. No one in the system except the guardian ad litem knew these children. The guardian could tell their story and convince the new judge it was time for an adoptive family. Kids without guardians are often not so lucky. Now the Legislature is considering a $7.6 million dollar cut to the program statewide that would eliminate the positions of 150 paid employees who support the guardian volunteers that children rely on to safeguard their interests. In Orange County, the staff of the Guardian ad Litem Program supports approximately 400 lay and attorney volunteers who donate their time to be a voice for children in the courtroom. These volunteers rely on the staff to give them the tools they need to advocate for children. If passed, the budget reduction would force the program to substantially reduce the indispensable support system that volunteers rely on. Not only would this be a tremendous loss for the children, but it would create a gaping hole in the judicial process. Judges are charged with making life and death decisions for these children, and in making these decisions they can't afford to lose their voices in making those decisions. If guardians are lost, the judges will no longer hear from these totally independent advocates whose only purpose in the courtroom is to give judges information on what is in the best interest of the children. Judges rely on guardians to help them make sure the children don't get lost in the system.The Legislature has said every child should have a guardian, but there has never been enough funding to provide that. By drastically cutting funds to an already underfunded mandate, we move backward in our effort to protect the children of Florida.

Maura Smith and Daniel Dawson are circuit judges in Florida's Ninth Judicial Circuit.
http://www.orlandosentinel.com/news/opinion/orl-edpmyword26smith042609apr26,0,6604381.column

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