Guardian Ad Litem Duties

Guardian ad litems have a number of duties they are required to do in order to properly investigate a case.  I normally monitor cases on appeal.  One I am following contained the following chart which is helpful of the duties a guardian ad litem is required to do in Mississippi.

 • Provide a written report. Gainey v. Edington, 24 So. 3d 333, 339 (Miss.

Ct. App. 2009); D.J.L. v. Bolivar Cnty. Dep't of Human Servs. ex rel. McDaniel,

824 So. 2d 617 (Miss. 2002); P.K.C.G. v. M.K.G., 793 So. 2d 669 (Miss. Ct. App.

2001). (GAL properly provided report).

• Conduct a home study. In re Guardianship of J.N.T., 910 So. 2d 631

(Miss. Ct. App. 2005). (GAL properly conducted a home study).

• Interview the parties with the children. D.J.L. v. Bolivar Cnty. Dep't of

Human Servs. ex rel. McDaniel, 824 So. 2d 617 (Miss. 2002); M.J.S.H.S. v.

Yalobusha County Dep’t of Human Servs. ex rel. McDaniel, 782 So. 2d 737, 740-

42 (Miss. 2001); In re D.K.L., 652 So.2d at 191.

• Interview the parties personally. In re Guardianship of J.N.T., 910 So. 2d

631 (Miss. Ct. App. 2005). (GAL properly conducted a home study).

• Interview witnesses provided by a party. S.G. v. D.C., 13 So. 3d

269 (Miss. 2009).

• Investigate claims by the parties.  S.G. v. D.C., 13 So. 3d 269 (Miss. 2009). 

The issue on appeal in the case that a colleague of mine is doing consists of how much weight, if any, should the trial court give to a guardian ad litem's opinion when some or none of the above are done?  It is sort of like a Daubert on guardian ad litem opinions.  I expect the case to set some new standards when it comes down sometime either late this year or early in the spring.