Mississippi's Guardians Ad Litem Need Clarification of Their Role and Responsibilities

Abstract

Currently, Mississippi has no centralized and clearly defined statute or rule for what qualifications a guardian ad litem (“GAL”) should possess, what details a chancellor should provide a GAL upon appointment, and which court’s rules will be followed, chancery court or youth court, in chancery cases involving allegations of child abuse or neglect. This Comment argues that, to truly protect the best interests of the child, the GALs need standards that are clear, uniform, and easily accessible. Specifically, this Comment argues for a specific rule concerning GALs in Mississippi.There needs to be either a revision to the existing rules or the adoption of a new uniform rule that clearly defines the GAL process. Such a revision or uniform rule would alleviate the confusion currently experienced by many GALs, both in chancery court and youth court cases involving child abuse and neglect allegations. The rule should address whether a GAL must be qualified as an expert or merely certified; what instructions a chancellor or youth court judge should provide the GAL regarding his role in the child protection proceeding; and whether the chancery court must follow chancery court rules or youth court rules during a hearing on allegations of child abuse or neglect.Part I of this Comment discusses how Mississippi’s Youth Court Act, Mississippi case law, and the Uniform Rules of Youth Court Practice have impacted the role of the GAL in Mississippi. Part II provides a summary of three recent Mississippi appellate opinions that discussed the GAL’s role and built upon each other to hold that GALs should be qualified as expert witnesses before they present opinion testimony. Part III argues that the GAL role in general needs to be clarified more fully, especially with respect to qualification or certification, appointment orders, and court rules.