Written By: Erin Gillespie
(Originally posted on January 14, 2007)
egillespie@news-press.com
Story #1:
Three years ago, Jennifer grabbed her younger sister and took off in search of her mother, a drug addict who had abandoned her daughters. That first step landed Jennifer, a 17-year-old foster child from Lee County, in the state's child protection system.
In the years since, she has been placed in at least five homes or shelter programs, but she has had one constant as her case wound its way through the system: Barbara Spotts, her guardian ad litem. "She's been more of a friend than anything," Jennifer said. "She's been a good support system for me when I was going through a lot of rough times."
Guardians ad litem are volunteers working for the best interest of children who are in court because they are under supervision of the state's Department of Children & Families (DCF). The children have been abused or neglected. The guardians decide what would be best for these children and tell the judge on the case. But the program has one problem: not enough volunteers.
In the circuit that includes Lee County, 210 guardians represent 725 children under DCF care. That leaves almost 800 children without a guardian. "We really need a lot more volunteers for the county," said Lori Tomaselli, acting director of the GAL program for the 20th circuit. "Our goal would be to have a volunteer guardian representing every child that is involved in dependency court."
Guardians serve a crucial role in the welfare of children like Jennifer. Most children do not attend their own court hearings, so those without a guardian speaking for their needs must depend on caseworkers who are often overburdened or parents who might not always have the best interest of the child in mind.
"None of this is their fault, but they're the ones that get punished," Spotts said. "That's what motivates me."
Jennifer, whose last name can't be used because she is in foster care, said she has been moved from one foster home to another because of her problems. The Children's Network, the agency that works with DCF cases, allows media interviews with children only as long as their last names aren't used because of safety concerns.
Spotts has been there for Jennifer through it all, even finding a special youth camp where teenagers receive intensive counseling. "She was there to talk me through the times I was emotionally unstable," Jennifer said. "She never left my side."
Spotts began working with the Guardian ad litem Program about four years ago. Since then, she has walked dozens of youth through the child protection system. Spotts has 11 cases, some with multiple children. Most guardians take only two or three at a time. "My focus is more on how we can make this child as whole as possible, despite what happened," she said. "These kids, they need someone who looks at them and says, 'It's not your fault'."
Jennifer said Spotts helped her learn how to build relationships. Without her, "I don't think I would trust people as much as I do now," Jennifer said.
Tiffany, 14, has been in foster care since she was 7. She doesn't talk about how she ended up under the state's care, even though she's now available for adoption.
Her guardian is Bill Eggers, and although he's been with her only a short time, she can tell he cares. "If he didn't care, then he wouldn't come to see me," she said. "He made me laugh. He'd joke around and stuff." Tiffany said Eggers helped her when she had to go to court, and has checked on her in the homes where she's lived.
Jennifer said people who consider volunteering as a guardian need to be patient and understanding with foster children who may not want to open up. "I think the rewards in the end are great when you see a kid who has run away, smiling and looking at you and thanking you for a lot of it," she said.
Independent opinion: Florida's Guardian ad litem program started in 1980 as a state requirement. Judge James Seals, who handles all the DCF cases in dependency court for the 20th Judicial Circuit, which includes Charlotte, Lee, Glades, Hendry and Collier counties, sees guardians at work.
Often, they're his eyes and ears. "I want them to tell me how the child is doing," Seals said. "I want them to tell me about the health of the child, how the child is doing in school, what needs the child has that we're not providing."
Seals has ruled with guardians at times even when they argue against DCF's opinion. "They don't just rubber stamp what the department is coming up with," Tomaselli said. Guardians also are able to work without trying to follow specific policy or worry about being sued, Seals said. "I've seen guardians make very courageous recommendations, trusting their own instincts and judgment and not just following requirements and guidelines and policy," he said.
"They are in some respects a watchdog over the child protection system," he said. Guardian Mary Ann Brownstein remembers one case where her role was vital: The state planned to allow a parent awaiting trial for abuse to have unsupervised visits. "I really put my feet down and said, 'No,'" Brownstein said. "I could see the scars on the kids."
Seals said standing up for children is the point of an independent voice. "They're God's gift to children. We need more of them," Seals said. "When they're doing their job right and their heart is in it, they're like guardian angels. Sometimes they're the only people in the system that people will trust."
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