Hurricane Katrina: Legal Issues - Columbus School of Law

When, or under what circumstances, is a GAL appointed?
Youth Court Proceedings
Miss. Code Ann. § 43-21-121 provides that the youth court shall appoint a GAL for the child if:
1.
The child has no parent, guardian or custodian;
2.
The youth court cannot acquire personal jurisdiction over a parent, guardian or custodian;
3.
The parent is a minor or a person of unsound mind;
4.
The parent is indifferent to the interest of the child;
5.
The interests of the child and the parent, in the context of the case, appear to conflict;
6.
An abused or neglected child is involved in the judicial proceeding; or
7.
Appointing a GAL, according to the court, is in the best interest of the child.
Youth court has exclusive jurisdiction in all proceedings concerning a delinquent child, an abused or neglected child,
a child in need of supervision, and a dependent child. Miss. Code Ann. § 43-21-105.
Chancery Court Proceedings
1.
Chancery court has jurisdiction to decide matters of paternity, custody, or visitation, absent allegations of
abuse, neglect or delinquency. If charges of child abuse arise in the course of a pending parental custody
action, chancery court has ancillary jurisdiction.
2.
State law mandates that a Chancellor appoint a GAL in the following actions:
1.
Termination of parental rights – Miss. Code Ann. § 93-15-107(1)
2.
Allegations of child abuse, sexual or physical – Miss. Code Ann. § 93-5-23
3.
Contested Adoptions – Miss. Code Ann. § 93-17-8(1)(b). However, a GAL is not required in consensual
adoption cases.
3.
A Chancellor has discretion to appoint a GAL in the following actions:
Modification of custody and child support, Dep’t of Human Servs v. Marshall, 856 So. 2d 441 (Miss.
App. 2003), cert. granted, 852 So. 2d 551, affirmed in part, reversed in part, 859 So. 2d 387 (Miss.
2003);
Determination of paternity is at issue, Williams v. Williams, 843 So. 2d 720 (Miss. 2003);
Matters involving an infant or defendant of unsound mind, including mentally incapacitated and
vulnerable adults, Miss. Code Ann. § 9-5-89.
4.
A Chancellor has discretion to appoint a GAL in cases where there is no allegation of abuse or neglect or in an
uncontested adoption proceeding.
Who may be appointed to serve as a GAL?
1.
The youth court shall appoint either a “suitable” attorney or “suitable” layperson who:
Is a “competent person;”
Has no adverse interest to the child; and
Has received child protection and juvenile justice training provided or approved by the Mississippi
Judicial College within the year preceding the appointment.
2.
If a layperson is appointed as a GAL, the youth court shall also appoint an attorney to represent the child.
3.
DHS has a custodial, not a representational role. DHS may request the court to appoint an attorney to represent
the child or a GAL to represent the best interests of the child, but may not undertake those roles itself. DHS
may give an opinion at a hearing involving the child as to the best interests of the child.
4.
Court Appointed Special Advocates (CASA) are volunteers that are trained lay persons who may be appointed
by the court to either act as a GAL or help assist children. If properly appointed, CASA workers may give an
opinion at a hearing involving the child as to the best interests of the child.
At what point in the proceedings is a GAL appointed?