The audit, released Thursday, concludes that Guardian ad Litem attorneys - who advocate on behalf of abused, neglected and otherwise vulnerable children within the court system - don't always perform duties they are mandated by law to perform.
In a review of 35 cases, the audit found that advocates personally met, interviewed and kept the minor they represented apprised of developments in the case in less than 31 percent of the cases. And in less than 25 percent of the cases, advocates attended foster care citizen review board hearings and assessed the appropriateness of the family or facility in which the child was temporarily placed.
Investigators didn't draw conclusions as to who is hurt by the guardians' less-than-perfect performance.
"We believe guardians are sincere and passionate about children," said lead auditor Darrin Underwood. "Still, the statutory duties are important."
The audit was ordered by legislative leaders last year, following a high-profile child welfare case that pitted parental rights advocates against the juvenile court system.
Investigators blamed performance problems partly on child-abuse cases outpacing the budget and supply of advocates. From 2000 to 2004, caseloads have grown 47 percent. During that time, funding grew 11 percent and the number of attorneys shrank by two, leaving 31 advocates last year to represent 9,476 children in 5,163 cases.
"Supply hasn't kept up with demand," said Guardian ad Litem Director Kristin Brewer. Brewer said she is working to comply with the auditor's recommendations and welcomes the reworking of guidelines by lawmakers to reflect that a guardian's role should be as an attorney, not a caseworker.
Rep. LaVar Christensen, R-Draper, who ordered the probe, says it proves parents are wronged by the system - at least, those he says are falsely accused of abuse and "gang tackled" by caseworkers, state attorneys and guardians.
Having the Guardian ad Litem overseen by the Judicial Council is of particular concern for Christensen, who says it creates a conflict of interest with judges supervising advocates who appear before them.
Acknowledging this conflict, the council has taken an "arm's length" approach to oversight, which auditors conclude, may have led to performance problems. "They've been given free rein, operating for years virtually unaccountable," Christensen said.
The audit recommends that the Legislature consider placing the Guardian ad Litem under an executive-branch office, turning it into a free-standing entity or creating an oversight board.
Christensen criticized auditors for "missing the focus," that growing caseloads are "symptomatic" of a child welfare system run amok.
"Vaguely defined duties" give the advocates too much discretion to get involved in cases before abuse is proven, he said.
Christensen pointed to the infamous Parker Jensen case, a 12-year-old boy with a rare form of cancer that his parents refused to treat with chemotherapy. The Jensens caught the wrath of the state but prevailed.
The lawmaker noted that in the Jensen case the Guardian did not, as mandated by law, disclose to the court Parker's reluctance to undergo chemotherapy. "We were told, 'Everyone knows that a kid doesn't want chemotherapy,' ” he said.
Also, Brewer got a bit of good news Thursdaywhen an appropriations subcommittee voted to approve $149,000 to hire two more advocates.
kstewart@sltrib.com
