Standard 7: Scope and Content of the Investigation

Standard 7 of the Standards for Category F Guardian Ad Litem Investigators.

A comprehensive history creates a context for understanding the current issues in dispute. The nature and extent of the family history obtained, through both interviews as well review of documents depends on the particular family’s circumstances and the directives contained in the order of appointment. However, it is commonplace to obtain the:

1. History of legal proceedings and prior investigations.

• The nature of the case, including the parties and children involved, relevant procedural history, current orders, and the relief sought by each party;
• History of other cases involving the parties, including prior cases pertaining to parties or the children including, but not limited to Probate and Family Court, Juvenile Court, criminal, abuse prevention, or other relevant cases;
• Prior custody related investigations and evaluations, including GAL, Court Clinic, Probation, Department of Social Services, or other evaluations or assessments;

2. Facts designated by court order and the applicable law.

• The issues that the court specifies for investigation in the order of appointment;
• Facts relevant to the legal standard that applies to the case for:
  1. modification of custody or visitation;
  2. termination of parental rights;
  3. guardianship of a minor;
  4. removal of the child from the Commonwealth;
  5. custody or visitation by a parent.

3. Relevant concerns raised in the case by each parent, including facts related to how each parent’s proposed outcome serves or conflicts with the child’s best interests.
4. Parenting history.

• With whom have the children lived and for how long;
• What parenting tasks have each parent performed, when, for how long;
• The competence with which each parent carried out parenting tasks;
• History of parents’ past joint decision- making regarding children;
• Parent’s present ability to communicate or make joint decisions;
• Whether a third party or either party is or was a primary caretaker;
• History and impact of a parent’s substance abuse, mental illness, or domestic violence on the children and the parent’s parenting ability;
• History of physical, sexual or emotional abuse of the children;
• History of past restraining orders and violence against others;
• Each parent’s past and present parenting skills and deficits;
• The strength and quality of the parent-child relationships, emotional closeness, attachment, and perceptions of each other;
• Each parent’s or potential caretaker’s knowledge of the children, knowledge of parenting techniques, disciplinary practices, ability to distinguish his or her own needs from the needs of the children, and to understand and respond to the children’s needs;
• The ability of the parent to promote and support appropriate social, emotional, and educational development in the children, and to provide a stable home environment for the children;
• Each parent’s or potential caretaker’s ability to support the children’s relationship with the other parent as appropriate;
• Each party’s ability to communicate and cooperate with the other parent regarding the children as appropriate, including the impact of substance abuse, mental illness or domestic violence on that ability.

5. The family history.

• History of parents’ relationship, including if and for how long the parties lived together as a family;
• Parties’ accounts of how difficulties began, how they were disclosed, or if they persist;
• Prior Department of Social Services involvement with family members;
• Children’s present and past school functioning;
• Criminal history of both parties (CORI (Criminal Offender Record Information) or CARI (Court Activity Record Information) ;
• Sexual offense history (Sexual Offender Registry Information, or SORI);
• Substance abuse and substance use history of family members;
• Mental health treatment and history of family members;
• Relevant medical history or problems of family members;
• Presence of new relationships, partners or their children;
• Relationships with significant caretakers, grandparents, relatives, child care providers;
• Each parent’s relationship with family of origin and partner’s family;
• Education and employment history of parents;
• If relevant, ethnic, cultural, lifestyle, and religious factors.

6. Developmental status and parenting needs of the children.

• Each child’s developmental history, functioning in school, peer relationships, medical and mental health history, activities, schedules ;
• Special needs of each child: medical, learning or developmental problems;
• Assessment of each child's adjustment to school, friends, community, and extended families;
• Child’s temperament and response to transitions;
• Impact of change on child’s routines, attachments, familiar environs;
• Child’s exposure to, understanding of or concerns about a parent’s needs, wishes, concerns, safety, or problems;
• Quality of relationship between siblings;
• Particular challenges for either parent or the child with each other.