8.1 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 well-organized. Use of headings, bold type, or underlining to separate 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.
8.2 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 rather than evaluative statements.
Evaluative statement: “Michael is a cruel and aggressive boy.”
Descriptive statements: “In his interview, Michael said he punches his younger brother, Joseph, almost every day. Michael’s father reports that he had to interfere three times last week when Michael hit the family dog with a hockey stick.”
B. Provide ample details, but avoid inflammatory characterizations if possible.
Derogatory statement: “Mr. Jones is well-known 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.”
C. 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 missing
D. 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.”
8.3 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.
8.4 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 investigation. 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.
8.5 Facts Shall be Separated in the Report from Recommendations or Conclusions
Only facts should be contained in the body of the investigation. The investigator’s inferences, conclusions or recommendations based on the facts shall be confined to 23 separate summary or recommendations sections of the report. Such material is then easier to redact if it is later excluded from evidence at trial and stricken from the report.
Commentary
The GAL’s conclusions or recommendations should be consistent with the information that is collected; the GAL shall set forth the connection between the facts and the conclusions or recommendations. The trial judge is the ultimate fact finder. Thus, the GAL’s conclusions as to whether a party has met his or her burden of proof should be avoided.
8.6 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 may be 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.
8.7 The Gal Shall Retain any Materials Gathered or Created During the Investigation
The GAL shall retain any notes, records, documents, taped recordings, videos, or other material gathered or created during the investigation so that these materials are available for trial, discovery, appeal and remand of the case.
Commentary
Notes or other materials created or obtained by a GAL may be sought by a party through discovery. The GAL’s notes, written observations, or other materials created during interviews or telephone conversations should be descriptive, factual, and respectful in tone. Note taking should be objective and include quotations of witnesses and parties when possible.