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Hurricane Katrina: Legal Issues - Columbus School of Law

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Mississippi Volunteer <strong>Law</strong>yer Project (A Joint Venture between Mississippi State Bar Association & Mississippi<br />

<strong>Legal</strong> Services Program) Toll Free Number: 1-800-682-0047 http://www.mvlp.net/<br />

http://www.msbar.org/ms_volunteer_lawyers_project.php<br />

Does the American Bar Association Provide legal assistance for disaster victims?<br />

The ABA has set up a disaster hotline for those seeking legal help because <strong>of</strong> <strong>Katrina</strong>: 1-866-255-4495. The ABA<br />

has a website with information for lawyers affected by <strong>Katrina</strong> and those needing legal help as a result <strong>of</strong> <strong>Katrina</strong> at:<br />

http://www.abanet.org/katrina/victims.html.<br />

Where can I find additional information about children in Mississippi Foster Care?<br />

National Resource Center for Family-Centered Practice and Permanency Planning has established a webpage with<br />

numerous links related to child welfare in the Gulf region in the wake <strong>of</strong> <strong>Hurricane</strong> <strong>Katrina</strong> available at<br />

http://www.hunter.cuny.edu/socwork/nrcfcpp/disaster_relief.html<br />

Court Appointed Special Advocates <strong>of</strong> South Mississippi is a volunteer organization that represents children in the<br />

foster care system. Their website has contact information and a fact sheet about the organization.<br />

http://www.oceansprings-ms.com/casa.htm<br />

Where can I find general information, statistics, and progress reports on child welfare in Mississippi?<br />

The Child Welfare League <strong>of</strong> America fact sheet on Mississippi can be found at:<br />

http://www.cwla.org/advocacy/statefactsheets/2004/mississippi.pdf. The United States Department <strong>of</strong> Health and<br />

Human Services Administration for Children and Families’ child welfare review on Mississippi can be found at:<br />

http://www.acf.hhs.gov/programs/cb/cwrp/staterpt/ms/intro.htm.<br />

The Role <strong>of</strong> a Guardian Ad Litem<br />

What is a Guardian ad Litem (“GAL”)?<br />

GAL literally means “guardian to the thing.”<br />

1.<br />

The role <strong>of</strong> a GAL is one <strong>of</strong> protecting the best interests <strong>of</strong> the child.<br />

2.<br />

The Mississippi Supreme Court has said that a GAL is charged with a duty to zealously represent the child’s<br />

best interest. S.N.C. v. J.R.D., Jr., 755 So.2d 1077, 1082 (Miss. 2000)<br />

3.<br />

A GAL fulfills its role when the GAL “vigorously advances a position that the guardian believes to be in the<br />

child’s best interest.” R.B.S. v. T.M.S., 765 So.2d 616, 620 (Miss. App. 2000)<br />

4.<br />

A GAL acts as the eyes and ears <strong>of</strong> the court. A GAL is not a decision-maker; rather the GAL serves the role<br />

<strong>of</strong> investigator, adviser, and source <strong>of</strong> unbiased opinions for the youth court judge or chancellor that are<br />

independent <strong>of</strong> the motivations that may affect the adult parties. P.K.C.G. v. M.K.G., 793 So.2d 669 (Miss.<br />

App. 2001)<br />

How does a Best Interests Attorney or GAL differ from a child’s attorney?<br />

The role <strong>of</strong> a child’s attorney is to represent the child, which means to advocate the child’s personal preferences even<br />

if it is contrary to the best interests <strong>of</strong> the child.

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