Rule 1 - Qualifications
Effective January 1, 2025
Rule 1.1
(a) A person may serve as a GAL if the person is:
1. a licensed attorney in good standing with the Indiana Supreme Court;
2. a licensed mental health professional in good standing with the Indiana Behavioral Services and Human Health Licensing Board or the Indiana Department of Education;
3. employed by, or contracted with, a court-approved GAL services program or a GAL/CASA program certified by the Supreme Court under IC 33-24-6-4; or
4. approved by the GAL Family Law Oversight Committee to operate independently based on their knowledge, skill, experience, training, education, or other qualifications; and
(b) meets the initial and ongoing training requirements outlined in these rules; and
(c) continuously meets the background, reporting and other requirements outlined in these rules.
Commentary
A GAL must have the necessary knowledge, skills, experience, training, education, or other qualification(s) the trial court finds necessary to enable the GAL to conduct a thorough and impartial investigation and to effectively advocate for the best interests of the child.
Rule 1.2
A person may not serve as a GAL if they have been convicted of, or have charges pending for, a felony or misdemeanor involving a sex offense, child abuse or neglect, or related acts that would pose risks to children or to the GAL’s credibility.
Commentary
An active attorney in good standing with the Indiana Supreme Court is not required to have a criminal background check. Any other qualified person wishing to serve as a GAL must pass a background check that specifically checks for the offenses noted in this rule. Criminal background checks should be conducted for any jurisdiction in which the person has lived in the past five years. If a person wishing to serve as a GAL is aware of a conviction on their record that does not appear in a background check, the person is required to disclose the conviction and any related information to the GAL Family Law Oversight Committee.
Rule 1.3
Unless otherwise approved by the GAL Family Law Oversight Committee, a person may not serve as a GAL if they have any substantiated history of child abuse or neglect with the Indiana Department of Child Services or with a child protection agency in another state.
Commentary
Any person, including attorneys, wishing to serve as a GAL must pass a background check for child abuse and neglect substantiations or their equivalent in another jurisdiction. Child abuse and neglect background checks should be conducted for any jurisdiction in which the person has lived in the past fifteen years. If a person wishing to serve as a GAL is aware of a substantiation or equivalent finding on their record that does not appear in a background check, the person is required to disclose the substantiation or equivalent finding and any related information to the GAL Family Law Oversight Committee.
Rule.1.4
A GAL has an ongoing duty to notify the GAL Family Law Oversight Committee if the GAL falls out of qualified status, and no longer meets the minimum requirements.
Commentary
This includes, but is not limited to, new arrests, criminal convictions, new child abuse and neglect substantiations, and failure to maintain ongoing training requirements. The GAL must notify the GAL Family Law Oversight Committee within 10 days of any criminal convictions, child abuse and neglect substantiations, or other disqualifying events.