The Ethics of My Cousin Vinny - Is this Guardian ad litem training?

What is involved in training the courts how are Guardians ad litem trained? Given the Guardians ad litem job, one might imagine a rigorous training program in which professionals designed the curriculum to match the job description, rules and.... the needs of the consumers. So much is on the line -  the recommendation of a Guardian ad litem  can and will have a major impact on the dynamics of any divorcing family.  It might be expected that the training they receive would be top notch. The courses they take should  have some bearing on the job Guardians ad litem are authorized to do.

IN the past several years the Judicial Branch, Maine Bar, MEGALI and Kids First Center, to name a few organizations, have offered training and continuing training (please note that what is offered is not continuing education) to the states Guardians ad litem. We would ask to what legally mandated, job related aim are courses such as:

The Ethics of My Cousin Vinny
Collection of GAL fees
Parental Alienation: What’s the GAL’s Role?
Youth Participation in Court Proceedings

None of these organizations have a specialty education background in curriculum development for job related training, such as one would get from an institution such as a college, or technical school or the very focused training used in large business enterprises. The courses listed come from the continuing training list that is available to Guardians ad litem. There is no description of what the courses entail and if they are relevant to the role of Guardian ad litem.

Then there is the question of if the person(s) giving the training is uniquely qualified to give training on the topic at hand?

Take for example the following:

Understanding, Assessing & Responding to Needs of the Triangulated Child - This interesting course might be just the thing for continuing education in social work, but Guardians ad litem are not social workers and by the rules published, they are not supposed to be doing social work.  Triangulation is a term that is used to explain family dynamics where one member of a family will not talk with another directly. Instead a third family member is used which creates a triangle of communication. It is a term used in psychology to help explain dysfunctional family dynamics. This is not a topic that is relevant to the role of Guardian ad litem. In addition, for a course such as this one would expect that it would be presented by someone who has a background in psychology. In this case it was presented by a lawyer.

The Social Cognitive Connection - This is another social worker course - good for social workers, but off topic for Guardians ad litem. What the term means is that people do not learn new behaviors only by trying them out. The survival of people is dependent on how people act in a socially acceptable way and that this behavior is rewarded. It is a term used in psychology to explain the way people learn, understand and react to the environment in which they live, work and play. This course was presented by a member of the board of directors of an organization that is heavily connected to the Judicial Branch. This organization is so connected to the Judicial Branch that it is promoted on the web site. There is no indication that the presenter has any background to present such a topic, or that she tailored her remarks to the specifics of the Guardians ad litem legally mandated job.

Parental Alienation - What’s the GAL’s Role? - This is another trendy topic for social workers but far removed from what the Guardians ad litem role is defined as. Parental Alienation is when a child expresses a strong dislike or even hatred towards one parent - usually the non-custodial parent. To explore this dynamic takes hours of time and as a result generates billable hours and social work improvisation. This course was presented by an organization that represents the best interest of the Guardian ad litem - not a psychologist or even a social worker. Maybe a more appropriate tile should have been "Parental Alienation - How a GAL can profit from it!"

While the above examples may be fun or interesting to attend, are they courses that will improve a Guardian ad litems mandated job performance? Probably not because as a Guardian ad litem the role requires the investigation of facts surrounding the divorcing family and the child(ren) involved. It does not require the use by the Guardian ad litem of psychology and sociology - that is what the professionals in those areas are there for. Those professionals have the education and training to interpret and understand a child, and have spent years studying the concepts needed to do so. A few hours training does not give a Guardian ad litem the needed tools to accomplish the task. Yet quite often they do. The need to tie training tightly to job function and only to job function seems to be lost on the family courts and Guardians ad litem themselves. The result are fun courses that lead to the use of junk science, psycho-eugenics and moral equivalency that infects the courts like a virus.

CONCLUSION:

When Guardians ad litem, soak up "My Cousin Vinny", it is at the expense of learning the less "entertaining" rules for Guardians ad litem.  To us, it appears to be a significant defect in Guardian ad litem training.  It also makes the reports of off topic/off role improvisations and creativity in the Guardian ad litem's role more understandable.  "Social Work lite" takes some Guardians ad litem back to the understandable security of their parent profession but it corrupts Guardian ad litem functioning (and confuses the public) by neglecting the role and functioning of a Guardian ad litem - that of a court appointed investigator.

The reform of Guardian ad litem training has to be a vital aspect of Guardian ad litem and court reform.  Sorry Vinny, you're fired!

Feel free to comment on Guardian ad litem training here - or email us at NationalGALalert@gmail.com or like us on Facebook.

Related posts:
Would you want a Guardian ad litem with this kind of training?

The Malfunctioning of Maine's Guardian ad litem (GAL) program

In 2006 OPEGA (Office of Program Evaluation and Government Accountability) did a report on the Guardian ad litem (GAL) system for the state. This came over 30 years after GALs were created as mandated by the Federal Government. From that investigation that was completed six years ago came 11 recommendations to help fix the problems that had been festering for so long. As was pointed out in the last post – none – of these recommendations have been acted upon.

One out of the 11 issues that OPEGA found with the Guardian ad litem program is addressed:

1. OPEGA found back in 2006 that GAL services were not being managed as a program with a focus on the quality and effectiveness of service delivery.

When OPEGA made the recommendations back in 2006 the Judicial Branch agreed to convene a task force to evaluate what OPEGA advised. October 2007 The Judicial Branch was to put forth its recommendations and how it was going to fix the problem. Five years later nothing has happened with the Guardian ad litem program and the issues that confront this very broken system. In 2008 Toby Hollander President of the Maine Guardian ad Litem Institute (the trade organization for Guardians ad litem – also known as MEGALI) basically reiterates what OPEGA had indicated was wrong in his “Proposal to Create a Guardian ad Litem Commission and Office of the Child's Advocate”.

In this proposal that Mr Hollander echoed the OPEGA report in that the weakness of oversight of Guardians ad litem was a major concern. Mr Hollander is quoted as stating “There is no ongoing supervision of Guardians. There is no effort to evaluate the quality or efficiency of their work.” One would think that in 2012 four years after his proposal that there would be more support from the Guardians ad litem that MEGALI fights for in the recent committee investigations in Guardian ad litem oversight and management. It should come as no surprise though that MEGALI and the Judicial Branch have walked lockstep perusing no change despite recognition that change is needed.

Since May 2012 we are aware of over 40 people, 40 families who have been hurt by these organizations. How many others during the prior six years or the 30 plus years before that have been harmed because the Judicial Branch and more recently MEGALI have chosen to turn away and do nothing to fix a problem – a problem that continues to fester?

If you have had issues with a Guardian ad litem or know someone who has. Please contact us for support at NationalGALalert@gmail.com or like us on Facebook

The Executive Branch of Government's Proposal for Guardian ad litem Reform

As citizens of Maine, we challenge the Judiciary and their political base, the divorce industry: Is there a single current report or any data whatsoever that shows where Guardians ad litem have had a positive influence on children and their parents? The Judiciary and the divorce industry repeatedly claim that there is no problem with the present GAL situation and their bland denial of a problem is not sufficient when the well being of our Maine children and families are at stake. If there is no problem as this group would have us believe then why is there such overwhelming evidence that contradicts their claim. Do a search on Guardian ad litem reform or problems and the searcher is faced with a mountain of information and reasons why there are problems.

These problems run the gamut from punitively high costs, to non-existant management and control to cases where the Guardian ad litem is blind to child endangerment. Least we not forget - the Guardian ad litem program is a state sponsored, state created and state perpetuated program which lacks any form of management as other state programs have. The Judiciary is a tax funded state agency. Is this lack of oversight in the "childs best interest"?

Maine produced an incredibly thoughtful report back in 2006 done by OPEGA (Office of Program Evaluation and Government Accountability). It is a report that highlighted many issues with title 22 (Children's Protective) cases. We feel, from our experience, that the issues brought to light are also directly relevant to all cases involving  GALs and are not just specific to title 22. The selection, training and functions of GALs are identical no matter what their work focus. The Rules and Regulations that are supposed to govern them are identical, and the complaint procedure, whatever it may be, is identical.

The 2006 OPEGA Audit on Guardian ad litem performance was the first and only Guardian ad litem functional evaluation in over thirty years. OPEGA made 11 sensible recommendations on how the Guardian ad litem program could be made more accountable. In brief the program suffered from a lack of any standard recognizable form of program management. In the six years since – none of the recommendations have been implemented by the Judicial branch here in Maine.

This should come as no surprise as the Judicial Branch has no management tools for oversight. In addition, they have to walk carefully to avoid offending their political base in the divorce industry, an array of powerful lawyers, Guardians ad litem, and others who make a rich living from divorce. They have dragged their feet on a problem that they are encouraged by their base to view as coming from just a few people. The Judicial branch and divorce industry have repeatedly pointed out that  there are only on average 13-14 complaints a year and that one or two result in any kind of action.

These threadbare numbers need to be put into context. Why are they so low? Does the Judicial Branch make it easy for consumers with legitimate issues to complain? Do they use complaints as a management information tool to correct Guardian ad litem practitioners, or to improve the program? We have followed some of these complaints, and the problems with the complaint process are obvious. No criteria for making a complaint, no instructions, no feed back and no opportunity to rebut a Guardian ad litem's denial. These figures have no weight at all. The Judicial Branch runs an undemocratic, unregulated, authoritarian system that is at pains to cater to the divorce industry. We can realistically expect no change in this 'modus operandi'. The Judiciary and divorce industry are unlikely to self-regulate in ways that will correct the problems and serve the public and our children.

The committee currently working with members of the divorce industry will make change - a word here and a word there. The changes being worked on by the industry and Judicial Branch will do nothing more than reinforce the status quo. Meanwhile the life-style of the divorce industry will continue riding upon the backs of consumers who must mortgage their homes, increase their indebtedness and worry about the future education of their children. Maine Guardian ad litem Alert has been made aware of over 40 reasonable complaints that stem from improper management of Guardians ad litem. This since May of 2012. It is interesting to note that 8 of these complaints  are against just 2 Guardians ad litem. There is a problem here and it is not limited to "just a few unhappy people" as one prominent Senator pointed out back in January 2012.

We encourage you to check out what OPEGA recommended back in 2006. The OPEGA recommendations need to be implemented, the entire Guardian ad litem program needs to be moved to the Administrative Branch (as other states have done) where there can be real program management.

2006 OPEGA – GAL Final Report


2006 OPEGA – Executive Summary


2006 OPEGA – Annual Report pages 19-20 extracted


2012 The Power of the Powerless


If you or someone you know has had issues with a Guardian ad litem we ask that you contact us at NationalGALalert@gmail.com

The foundation for a GAL - a Job Description

A job description is like the foundation of a house. If you have a good and well built foundation the house that sits upon it will also be strong with few problems. If you have a poor foundation (or none), your house will, shift and shake, lack stability and have a lot of problems. Job descriptions are used almost universally throughout business, industry, government and elsewhere to put boundaries on a job, to describe roles and responsibilities, to give lines of authority and accountability. They are a key management tool. In normal oversight, managers ask, "Are you following your job description? You need to improve this or that part of your job description."

Maine's Judicial Branch is currently attempting to tackle the issue of Guardian ad litem reform. A  committee has proposed a complex new procedure for complaints about Guardians ad litem; another committee is currently addressing the issue of Rules and Regulations for Guardians ad litem. But ... er, folks, excuse me, there is no job description for Guardians ad litem. We have before us a collection of a new complaint procedure and new Rules and Regulations - both in search of a job description. There is no formal description of a Guardians ad litem job to which the Rules and Regulations can be tailored. No roles and functions, no lines of authority, no lines of accountability that are universally a part of a regular job description. There is also the matter of training of Guardians ad litem. In most settings in business, industry and government, the job description is the template, or basis, for job training and education. Training flows from the job pattern and re-enforces the job's roles and functions.

Great work, everyone. Now we just have to find a job that all this stuff will fit! It's doing things backwards.

No job description explains the current Guardian ad litem training design. It presumes a base of knowledge for which there is no evidence and adds a smidgen (16 hours) of social work and lawyer. Lawyers and Mental health or Social Workers have very different bases of knowledge, skill and experience. As one educator told us; education of Guardians ad litem is one root of the current Guardian ad litem problem. The "tap root" is no job description. Without a job description, it leaves the Guardian ad litem in the position of being all things to all people.

The problem is that, while fixing the Rules and Regulations may make the house look clean and polished, these Rules and Regulations have no job description as a grounded  foundation. The foundation is missing. In most settings Rules and Regulations would normally provide direction about how to play out the content of the job description. They elaborate on where the boundaries are located, and rules imply a problem when boundaries are crossed or ignored. They can be specific items reviewed in supervision and in internal organizational corrective action or in external complaints. But in the JB system, there is no supervision of Guardians ad litem, which leaves Rules and Regulations as a sort of disconnected, pious hope. An amorphous, very ambiguous claim of Guardians ad litem working in "the best interest of the child" – something that every parent is also doing – is not a substitute for an actual job description. There is no formal statement that defines who or what a Guardian ad litem is or does, their lines of accountability, their roles and functions.

A reliance on "works in the best interest of the child" as a job description accords the Guardian ad litem a magic mantle of omnipotence and omniscience that no other job in America holds, a sort of high priest/priestess accountable only to God, and the appointing court. Maine is faced with a huge problem with the Guardian ad litem system that starts with these questions: what are Guardians ad litem, what do they do, how are they trained, who has oversight of them, how is this exercised? A final very important question: are children and families safe as a result of their actions? And (this afterthought) why is everyone paying megabucks for this service?

Simply reviewing and rewriting Rules and Regulations for Guardians ad litem with no job description, does begin to address the core of the problem – just what is a Guardian ad litem?


Please let us know at MeGALalert@gmail.com what you think is wrong with the Guardian ad litem system. To find out more about what is wrong visit us at meGALalert.blogspot.com.