Legal Areas
As a Guardian ad Litem, Children's Law Center functions in four legal areas:
- Advocates in Domestic Violence (ACDV) (Chapter 50B)
- CAP High Conflict Custody (Chapter 50)
- Abuse and Neglect (Chapter 7B)
- Education Issues
Advocates in Domestic Violence (ACDV) (Chapter 50B)
When a restraining order (NCGS Chapter 50B) is taken out against an alleged abuser and there is a question of child safety and custody, District Court judges appoint the CLC to investigate. One of our staff attorneys or a volunteer from our pool of trained pro-bono attorneys acts as Guardian Ad Litem (GAL). The GAL gathers information from interviews with parents, grandparents, school officials, medical personnel and other sources. They also conduct home visits to ascertain the safety and climate of the living environment. The GAL then writes a report for the court proceeding, goes to court and makes recommendations to the judge, such as parenting classes, anger management classes, psychological help for the child/parent, etc. In Chapter 50B cases, the GALs must act quickly in the first 10 days after the restraining order has been taken out. If there is a continuance, the judge usually leaves the temporary order in place and hears the cases within the next 30 days. The GAL always recommends that children receive counseling to equip them to respond in nonviolent ways to stressful stimuli and to instill a zero tolerance for domestic violence.
The CLC has strong, positive recommendations from each of the Distric Court judges.
CAP High Conflict Custody (Chapter 50)
When parents are unable to come to terms during a high conflict custody case, either party may request that the CLC be appointed as a Guardian ad Litem to represent the best interests of the child. District Court judges may also appoint CLC GALs at their discretion. CLC GALs act as an impartial extra set of eyes and ears for District Court judges as they make difficult decisions. CLC GALS remove the child from the center of adult conflicts and insure that the child’s voice is heard in court.
Abuse and Neglect (Chapter 7B)
District Court judges appoint CLC Guardians ad Litem in Juvenile Court cases when the state funded GAL program finds itself with a legal "conflict of interest" and needs a GAL outside of its program. These are "abuse, neglect and dependency" cases involving the Department of Social Services (DSS) in Juvenile Court.
Educational Issues
CLC handles 2-3 cases or issues per week during the school year, in the education arena. The role of the Guardian ad Litem is to:
- Investigate disciplinary matters
- Facilitate communications between parents and school officials
- Attend hearings and meetings
- Advocate for children in disputes involving IEPs(Individual Education Plans) and 504 plans