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Lawmakers mull whether GAL should be under Human Services
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Utah legislators are considering whether the attorneys who represent children in child abuse cases should answer to the same state agency that investigates and decides whether to pursue such cases.

But the head of that agency, state Human Services Director Lisa-Michele Church, says such a supervisory arrangement would pose a conflict of interest and strain her budget.

The child welfare arm of Human Services has a "duty to preserve safe and strong families. But that does not always coincide with the [Office of Guardian ad Litem (GAL) attorneys] whose duty it is to protect children," she said. "There are times when parents may be close to being reunified with their child and the GAL says, 'We don't think reunification is the right answer.' ”

Ranking members of the Child Welfare Legislative Oversight Panel argued Monday that existing governance of GAL is weak, despite attempts to fortify it. The office is now under the purview of a panel of state judges, who are uncomfortable with the role and have taken a hands-off approach.

To address the problem, the Utah Judicial Council recently appointed a seven-person board to oversee the GAL. An independent board was one solution recommended by legislative auditors, who in a February probe concluded that high GAL caseloads and sluggish funding have prevented the attorneys from meeting basic legal standards, such as meeting personally with their child clients.

The idea of an objective oversight board also is supported by a nonprofit organization pursuing a decade-old lawsuit over Utah's child welfare work.

But Sen. Dan Eastman, chairman of the child welfare panel, questioned the new board's objectivity, noting chairwoman Debra Moore works for the Utah Attorney General's Office, which represents the state in child welfare matters.

"It's theoretically one step removed. But there's still a family tree relationship there," said the Bountiful Republican.

Moore, former president of the Utah State Bar, expressed confidence in the board, stressing that she is an employment attorney who doesn't litigate child welfare cases.

"The GAL is an asset to Utah, but we want to see it operating to the satisfaction of everyone as a public law office," said Moore.

Eastman said he, too, values the embattled GAL, which is why he wants to ensure its budget requests get a fair hearing at the Legislature - a task he believes Human Services is well-equipped to handle.

But Church fears the $4 million, 30-employee GAL will get lost in her $600 million agency, where it will compete with other weighty funding requests.

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