Category E GAL Evaluator Standards: 3. Upon Receiving the Appointment

Section 3 of the Category E Guardian Ad Litem (GAL) Evaluator Standards.

The GAL carefully reviews the order of appointment to determine the scope of the evaluation and the duties to be performed. 

3.1 The GAL Clarifies the Scope of the Appointment and Duties as Necessary

If the GAL is uncertain about the areas to be evaluated, or the GAL’s responsibilities, the GAL shall file a motion for clarification for hearing before the appointing judge with notice to counsel and pro se parties. 

3.2. The GAL Determines Whether he or she has the Requisite Expertise and Competence in the Areas to be Evaluated

If the GAL lacks the necessary experience, expertise or competence to conduct an evaluation of the issues, the GAL shall decline the appointment.

3.3 The GAL Determines Whether the GAL’s Personal and Professional Schedule Permit a Timely Report

The GAL reviews the areas to be evaluated and the tasks to be performed. If the GAL will not be able to complete a report by the designated deadline, the GAL shall decline the appointment.

Commentary

If the GAL determines after commencement of the evaluation that additional time will be needed to complete the evaluation, the GAL may file a motion to extend the deadline with notice to counsel and any pro se party. The motion shall include the reasons for the proposed extension and a new proposed due date for the report so that the judge may determine whether the deadline should be extended or the appointment should be vacated.

3.4 The GAL Promptly Accepts or Rejects any Appointment

The GAL shall promptly accept or reject the appointment no later than twenty days after the GAL receives it, or earlier if requested by the court. The GAL accepts or rejects the appointment by returning the completed form to the court.

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