The follwing is the sixth installment in a series of articles on the Juvenile Justice system.
The literal meaning of Guardian Ad Litem is "a guardian for the purpose of the (law) suit." A Guardian Ad Litem is a guardian appointed to protect the rights of children during legal proceedings. In the Sixth Judicial District, that includes both 432B cases of abuse and neglect and divorce proceedings where child custody is contested.
The Guardian Ad Litem program is part of this series on the juvenile justice system because, although the children they work with are not involved with the juvenile justice system, they're being impacted by the legal system, and at considerable risk.
"It's better to protect these children than to have to deal with them later in the law enforcement system because of the situation they went through," said Sixth Judicial District Judge Richard Wagner, who believes it's essential to have professional people looking out for children during a very difficult time in their lives.
In addition to their case load of juveniles involved with the court system, every juvenile probation officer in the Sixth Judicial District also serves as a Guardian Ad Litem for a number of cases.
Judge Wagner is primarily responsible for the Sixth Judicial District's use of professional juvenile probation officers (JPOs) as Guardians Ad Litem. This program is unique to the Sixth Judicial District covering Pershing, Humboldt, and Lander Counties. Guardians Ad Litem are usually trained volunteers who act as Court Appointed Special Advocates for children.
Wagner said he feels strongly that the special professional training completed by juvenile probation officers, including their law enforcement training, is essential to the program's success.
Using paid juvenile probation officers rather than volunteers as Guardians Ad Litem has an associated cost, and Wagner said the program has been possible because of the support of each county's commissioners.
"The county commissioners in all three counties have been on board all the way." he said.
Wagner explained that the JPOs, when acting as Guardians Ad Litem, go into homes, do background checks, and criminal histories. "We're able to do this because these people are law-enforcement trained." he said, "They can drop in unannounced and can do drug testing."
And, there's a softer side to their duties: they talk with the children, they help arrange counseling and doctor appointments for the children, and appear at court for all proceedings regarding the child.
"We both use the Guardian Ad Litem program a lot," said District Judge Michael Montero, speaking of himself and Judge Wagner. "I believe this unique program, not offered anywhere else in the state, puts us in a leadership position in helping families and youth."
He added he believes there is a real need for advocacy for juveniles in the court process - that it's an added level of protection for kids who don't have that protection.
"Each Guardian Ad Litem is part of a team," explained Sixth Judicial District Chief Probation Officer Ed Sampson. "The team includes attorneys for the children, therapists, substance abuse or mental health professionals, teachers, really anyone having contact with the children - whoever we need to collectively make recommendations to the court on the children's behalf."
"We check in with the school and teachers; sometimes they have the best picture of what's going on," said JPO Colette Hansen. "Sometimes we'll do collateral interviews to confirm information we've been given, or write and request records and information from other places."
The Guardian Ad Litem investigates the circumstances a judge should know about to make an informed decision for the benefit of the child. The guardian meets with the child and explains their role and, when it's appropriate, the nature of the legal proceedings.
"Regardless of whether it's the best thing or not, whether it's the most appropriate thing, we tell the judge what the child wants - how they wish it would turn out," said Hansen.
The guardian also participates in negotiation and implementation of any plans for each child.
In abuse and neglect cases, a Guardian Ad Litem is appointed when the child or children are removed from their home and placed in foster care. The guardian may transport children to supervised parental visits, and may supervise those visits.
In contested child custody divorce cases, the guardian may be involved in setting up visitation by the non-custodial parent. In some cases, a guardian may transport a child for a visit, even supervise the hand-off between parents.
"Sometimes it's difficult when you can't get the parents to put the interests of their child or children first; some parents continue to argue all the time and it's frustrating when they put their children in the middle," said Sampson.
There are times when the arguing and cross accusations by parents make it very difficult for a judge to understand the truth of the situation.
"The guardians thoroughly research each case and determine the relevant facts," Sampson said, "Doing comprehensive background checks and home checks may even involve driving out of state. Mom may live here and Dad may live in Wyoming; we travel all over."
How do parents react to having a stranger deeply involved in their family dynamics?
"I tell them, 'Through this process, you're going to be angry with me; you may hate me, but I'm not here for you, I'm here for your kids,'" said JPO Jennifer Cannon. "It's a lot of responsibility. When you're a Guardian Ad Litem you're involved in these peoples' lives."
That involvement sometimes spans weeks; other times many years, said Guardian Ad Litem Sandy Gleixner.
The involvement can be on a number of fronts as well. "We have a lot of tools at our disposal," said Gleixner. "We are going to use whatever we can to help the family."
Cannon says sometimes she doesn't love the day to day work as a Guardian Ad Litem, but adds "the interaction and relationships you can build with the kids are incredible. You grow a strong bond with those children; you want to see them have a good relationship with their parents and have good opportunities for their future."
"I enjoy and believe my efforts with kids as a Guardian Ad Litem benefit families; we're all in it for young people," said Lander County JPO Dan Baldini.
Lander County JPO Noliena Castellanos used to wonder, when she was a sheriff's deputy, why she was sometimes repeatedly called to a home for child neglect, abuse or other family issues.
"I used to wonder why something wasn't being done - now I get to see what efforts are being made from the other angle," said Castellanos. "There are times when you work really hard, doing everything you can possibly do, and it doesn't always work, but I think we see more successes than not."
"It's a tough job, you're dealing with people on their worst days, we see kids in bad situations; it's a challenge to stay positive," said Baldini. "When we try and try, do we get disappointed when things don't go well​? Does it hurt? Yes. But we we've also seen a lot of good come from the efforts."
Winnemucca Attorney Rendal Miller has high praise for the job Guardians Ad Litem do on behalf of children.
"They're a great asset, it's a great program." He said having professionally trained JPOs as Guardians Ad Litem makes a difference. "Volunteers can't do the law enforcement end of it," Miller noted.
The Guardian Ad Litem program is especially essential in Lander and Pershing Counties, according to Sixth Judicial District Assistant Chief Juvenile Probation Officer Craig Tippens, who lives in Lovelock. He explained that the Division of Child and Family Services (DCFS) doesn't have a local office in Lovelock or Battle Mountain.
"In Pershing County, the Fallon DCFS office will call and we assist to ensure children are safe and parents are held accountable," said Tippens. "It's something that's hard for DCFS to do when they don't have personnel residing in those communities. It has to be done on a daily, weekly, monthly basis because change in school, job, and family situations happens often."
Tippens added that he believes the Guardian Ad Litem program is something other jurisdictions are considering implementing.
"I've seen the benefit of early involvement with these kids when their families are in crisis situations," said Tippens. "We've been involved when kids were elementary school-age and because we could help support them with services, counseling, and intervention, by the time they're in high school, some of the issues they might have had were avoided."
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