Minnesota Agencies

The State Guardian Ad Litem Board shall create and administer a statewide, independent guardian ad litem program to advocate for the best interests of children, minor parents, and incompetent adults in juvenile and family court cases as defined in Court Rule 901.01 of the Rules of Guardian Ad Litem Procedure in Juvenile and Family Court matters.

The board shall: approve and recommend to the legislature a budget for the board and the guardian ad litem program; establish procedures for distribution of funding under this section to the guardian ad litem program; and establish guardian ad litem program standards, administrative policies, procedures, and rules consistent with statute, rules of court, and laws that affect a volunteer or employee guardian ad litem's work, including the Minnesota Indian Family Preservation Act under Minn. Stat. 260.751 to 260.835; the federal Multiethnic Placement Act of 1994 under United States Code, title 42, section 662 and amendments; and the federal Indian Child Welfare Act under United States Code, title 25, section 1901 et seq.

The board may: adopt standards, policies, or procedures necessary to ensure quality advocacy for the best interests of children; and propose statutory changes to the legislature and rule changes to the supreme court that are in the best interests of children and the operation of the guardian ad litem program.

By January 15 of each year, the State Guardian Ad Litem Board must submit a report to the Legislature in compliance with Minn. Stat. 3.195 and 3.197. The report must not contain data on individuals but may contain summary data, as those terms are defined in Minn. Stat. 13.02. The report must include the number of: board personnel, including volunteers; children served by guardians ad litem in court cases, including Native American children in Minnesota Indian Family Preservation Act cases and federal Indian Child Welfare Act cases; court reports filed by guardians ad litem; cases assigned; hours worked; complaints regarding a guardian submitted to the board; investigations of complaints performed by the board; and complaints that result in discipline to a guardian ad litem. All information must be disaggregated by paid staff and volunteers.

With guardian services organized on a county-by-county basis, Minnesota is one of 33 states where guardian services are provided locally. Minnesota's Guardian ad Litem program(s) have undergone significant, almost continuous, change in the last seventeen years.

Session Weekly provides these additional details in their May 14, 2010 issue: "Sponsored by Rep. Debra Hilstrom (DFL-Brooklyn Center) and Sen. Mee Moua (DFL-St. Paul), a new law transfers the guardian ad litem function from the judicial branch to an independent board. State appropriations currently directed to the courts to oversee the program will also be transferred. Modeled after the Public Defense Board, which supervises Minnesota's public defender system, the law aims to eliminate the conflict of interest between guardians, who represent the best interest of the child, but are appointed and paid for by the court system."

Seven members comprised of four gubernatorial appointees and three members appointed by the Supreme Court, one of whom must have former guardian ad litem experience. An active judge cannot serve, but a retired one can.