ISBA Child Law Section Council Guardian Ad Litem Best Practices Subcommittee Mission Statement

Courts have a special responsibility in any case involving a child. The court’s authority extends to the appointment of a guardian ad litem where the child is a party, victim, witness or whose wellbeing is at issue. The statutes governing the appointment of a guardian ad litem are subject to the type of legal matter involved.

The Illinois State Bar Association Child Law Section Council has created a subcommittee to explore how Illinois is utilizing best practices where a guardian ad litem is appointed on behalf of a child.

The purpose of this subcommittee is to collaborate and:

1. Survey the statutory provisions, rules, regulations and policies relating to the appointment of a guardian ad litem and analyze the following factors, among others, as to whether:

• there is clarity and consistency in the law,
• they are child-centric and equity focused, and
• they promote a child’s best interest.

2. Collect information regarding the practices and procedures of guardians ad litem from multiple stakeholders in each judicial circuit.
3. Assess whether the practices and procedures relating to legal matters involving a guardian ad litem promote a child’s best interest and are:

• child centric,
• developmentally appropriate,
• strength based,
• trauma informed,
• equity focused, and
• expeditious.

4. Develop standards of best practices for guardians ad litem.
5. Propose legislation, rules, regulations and policies in matters involving the appointment and responsibilities of a guardian ad litem as well as how best to support guardians ad litem.