10.1 The Report Should Appear Professional in Appearance, Format and Writing Style
The report should be typed, well-written and neat in appearance. Pages must be numbered. The GAL shall attempt to avoid spelling, grammar or typographical errors in the report. The GAL should write the report in a way that is concise in words, yet able to encompass all the relevant facts and provide detailed information. The language used in the report should be understandable to the average layperson and avoid jargon that may be confusing. The GAL should prepare a report that is wellorganized. Use of headings, bold type, or underlining to separate different sections or topics in the report may make a report easier to comprehend. The report shall be dated and signed by the GAL with the GAL’s name typed below the signature. The report shall include the GAL’s mailing or office address and telephone number.
10.2 The Report Should be Accurate, Objective and Unbiased
When writing the report, the GAL provides a balanced view of the parties that includes all of their relevant strengths and weaknesses. The information contained in the report should be accurate. It also should be as factual and detailed as possible. The GAL report should:
A. Use descriptive statements and provide ample details, but avoid inflammatory characterizations if possible.
Inflammatory characterization: “Mr. Jones is wellknown to the courts as a drunk.”
Descriptive statement: “Mr. Jones was convicted in Somerville District Court of driving under the influence of alcohol in 1986, 1996, 2001, and in July, 2003.”
B. Provide past and present relevant facts relating to both parties and the children.
- Include all relevant facts that address the court’s directives.
- Include all relevant facts collected from all sources, including facts that are consistent and inconsistent with other reported facts.
- Provide balanced and similar information about both parties;
- Provide relevant and detailed information about all of the children.
- Include facts that do not support the GAL’s recommendations or conclusions.
- Disclose what important information may be missing and why it is missing.
C. Include specific information and provide dates and pinpoint time frames if at all possible.
Avoid use of vague phrases or time frames such as “in the past” or “occasionally” or “sometimes” if a more precise time frame is available. The GAL should provide detailed information.
Vague: “ John says he used heroin in the past.”
Specific: “John says he used heroin in May, 1996 and June, 1998 .”
Vague: “Mary states that John occasionally uses drugs.”
Specific: “Mary states that she saw John use cocaine twice in August, 1998.”
Vague: “ The child has health problems.”
Specific: “ The child has diabetes.”
10.3 The GAL Identifies the Sources of Information
Sources should be easily identified in the report. The GAL must list every person interviewed and the records reviewed with any relevant information about the informant or source.
- Date and Name of each person interviewed (e.g. Dr. Tom Jones on 9/5/03),
- Position, profession, place of employment (psychiatrist, General Hospital);
- Description of record reviewed (Dr. Jones’ records regarding mother);
- Date the record was made and period it encompasses (July, 2002 to July, 2003);
- How information was obtained (e.g. in person, telephone call, written request);
- Date records were reviewed or obtained by the GAL (9/5/03);
- Informant or record author’s relationship to the parties, child or family (Dr. Jones is mother’s psychiatrist, but also saw her and the husband for marriage counseling in May, 2001).
If a source is not clearly identified, a party can move to strike the statement from the report.
Example of improper attribution: “Hospital staff said that Drew Smith was hospitalized there for three months last year.” (Names of the staff and hospital are missing).
Use of hearsay statements is permitted in the report, but the GAL should always attempt to contact and also quote the original source in the report if possible.
10.4 If a Party Fails or Refuses to Participate, the GAL Includes the Information that the GAL has Obtained in the Report
The GAL encourages parties to participate in the evaluation. If a party does not participate, the GAL is still permitted to file a report and to disclose whatever information has been collected about that party from other sources. The report should disclose that such a party has not participated or declined to provide information.
Commentary
The GAL shall refrain from drawing conclusions about a party without a factual basis.
10.5 Facts Shall be Separated in the Report from Recommendations or Conclusions
The investigative and evaluative information shall be separated from the GAL’s conclusions and recommendations. The report shall include a section on the facts of the case in the body of the evaluation.
10.6 The GAL’s Conclusions or Recommendations Shall Follow Clearly from the Data Gathered and the Analysis of that Data
The GAL shall set forth the connection between the facts, the analysis of the facts, and the GAL’s conclusions and recommendations. The GAL shall explain the basis for any opinions or conclusions drawn.
Commentary
This includes stating in the report: alternative explanations the GAL considered, how conflicting data was reconciled, and the clinical or theoretical framework, if any, which informed the GAL’s opinions.
10.7 The GAL shall Identify any Limits of the Completed GAL Evaluation
The GAL shall list any important sources of information that were not obtained and why. The GAL shall articulate any limits to the usefulness of the report’s final conclusions. The GAL shall not draw any conclusions for which s/he does not have the adequate supporting data.
Example
The GAL discovers that a party’s medical records from a particular hospital have been lost. The records were alleged to be evidence of mother’s injuries due to domestic violence. The GAL documents the attempts to acquire these records, and that without them mother’s allegations of physical injury cannot be confirmed.
10.8 The GAL Files a Timely Report and Informs Counsel and Pro Se Parties
The GAL should inform counsel and pro se parties when the report is filed at the court so that the parties can read the report. The GAL should inform parties requesting a copy of the report that the report is property of the court; it cannot be given out or shown to anyone, except the parties or their counsel. A court order is required for any distribution of the report, even to parties or their counsel. The GAL shall not distribute copies of the report to the parties, counsel of record or anyone else unless the court orders that the GAL may release copies to such individuals.
Commentary
If information or recommendations in the GAL report have the potential of exposing a party or the child to danger, the GAL should consider advising the endangered parent or party about the date that he or she expects to file the report in court.