本页的正文尚未翻译，因此以下内容以英文显示。上方的摘要、标签和安全信息已翻译。
A young person involved in a child-protection, custody, or dependency case may find several adults assigned to them at once, all described as being there to help. They are not interchangeable. The most important distinction — and the one that is almost never explained clearly — is between someone whose job is to advocate for what you want and someone whose job is to advocate for what they conclude is in your best interest. Those can be the same thing. When they are not, it matters a great deal which one you are talking to.
Guardian ad litem: appointed for the case, arguing best interests
A guardian ad litem is appointed by a court to represent a child's interests in a particular proceeding. Depending on the state, a GAL may be an attorney or a trained non-attorney, and the role commonly involves investigating, interviewing people around the child, and making a recommendation to the judge about what would serve the child's best interests.
The crucial point: a best-interests advocate may recommend something you disagree with, and that is not a failure of the role — it is the role. What you say to a GAL may appear in a report to the court, so it is worth asking directly at the first meeting what they will do with what you tell them.
CASA volunteers, and attorneys for the child
A Court Appointed Special Advocate (CASA) is a trained community volunteer appointed by a judge to advocate for a child, most often in abuse and neglect cases. CASA volunteers typically carry very few cases at a time, which is the point — the model exists so that one consistent adult follows a child's case closely and reports to the court.
Separately, some states appoint an attorney for the child in a client-directed role: that lawyer's job is to advocate for what the young client actually wants, with the confidentiality obligations our article on attorney-client privilege for minors describes. Whether a young person gets a best-interests advocate, a client-directed attorney, or both varies substantially by state and by case type.
The question to ask every adult assigned to you
“What is your role, do you argue for what I want or for what you think is best, and is what I tell you confidential?” Those three questions in one sentence sort out the entire picture, and every one of these professionals should be able to answer them plainly.
You are generally entitled to say what you want directly, whatever anyone else recommends. Many courts will hear from a young person, and some are required to consider a child's stated wishes depending on age and maturity. Writing down what you want and why, and giving it to whoever will be in the courtroom, is a reasonable thing to do — and if you have a client-directed attorney, that is exactly the person whose job is to carry it.
请记住
- A guardian ad litem advocates for a child's best interests as they assess them, which may differ from what the child wants.
- A CASA is a trained volunteer appointed to follow a case closely and report to the court.
- A client-directed attorney argues for what you actually want and owes you confidentiality — not every case has one.
- Ask each person: what is your role, whose position do you argue, and is what I tell you confidential.
资料来源
本文提供的是一般教育信息，不是针对个人的法律意见。KidsKnowRights 不是律师事务所，阅读本文不会建立律师与当事人的关系。法律因州、年龄和具体情况而异，也会随时间变化。如需针对真实情况的建议，请咨询持照律师或法律援助机构。