By James McCabe, editor · How this site is researched
Your first visit with the child on your case is coming up. This guide covers how a talk with a 4-year-old differs from one with a 15-year-old, which questions get real answers, and the one kind of interviewing that is not your job. Where your own program's training differs, follow your program and your supervisor.
What the law asks of you
Some statutes spell out how a GAL talks with the child. Texas Family Code section 107.002(b) requires a guardian ad litem to interview the child "in a developmentally appropriate manner, if the child is four years of age or older." The GAL must also try to learn the child's "expressed objectives" and opinion of the placement. The same section says the GAL considers what the child wants "without being bound by" it.
The North Carolina Guardian ad Litem job description (April 2018) lists "getting to know the child," making sure the court knows the child's wishes, and keeping the child informed about the case. Your state's page on this site, such as Texas or North Carolina, lists the statute and program that apply to you.
Know the line: you are not a forensic interviewer
When abuse is alleged, a trained forensic interviewer usually questions the child, often as part of a multidisciplinary team. The U.S. Justice Department's Office of Juvenile Justice and Delinquency Prevention (OJJDP) explains why in its September 2015 bulletin, Child Forensic Interviewing: Best Practices. It says the research "clearly demonstrates the dangers of multiple interviewers repeatedly questioning a child." Repeated questions about the same event can change how a child tells it.
Your conversations are about the child's life now: home, school, visits, friends and worries. If a child starts to tell you about abuse, listen calmly, do not ask leading follow-up questions, and write down the child's exact words as soon as you can. Then follow your program's protocol and your state's mandated reporter law. Ask your supervisor to walk you through it before your first visit.
Techniques that work at every age
Several of the bulletin's basics carry over to any conversation with a child:
- Open-ended prompts first. "Tell me about your new school" gets more, and more accurate, information than "Do you like your new school?" The bulletin warns that questions offering choices can produce less accurate answers.
- Give permission not to know. The bulletin suggests telling children it is okay to say "I don't know" or "I don't understand that question." Instructions like these reduce suggestibility, the pull to give the answer an adult seems to want.
- Use the child's own words. If a child calls the foster home "Miss Rita's house," call it that too, and build your next question from what the child just said.
- Warm up on something easy. The bulletin describes asking a child to tell about an ordinary event, like their morning, "from beginning to end." It gets the child used to giving details.
Age by age
Ages 4 to 6
Young children have a smaller vocabulary and less practice talking about past events, the bulletin notes. They may use words before they fully understand them and mix up ideas like "tomorrow," "a lot" and "a long time." So a 5-year-old's answer to "How often do you see your mom?" is not reliable. Ask about something concrete instead: "What did you do the last time you saw Mom?" Sit at the child's level, bring crayons or a simple game, and keep the talking short.
The National Child Traumatic Stress Network's fact sheet Age-Related Reactions to a Traumatic Event notes that young children after a frightening event often have trouble describing in words what is bothering them. They may also lose skills they had, like sleeping alone or toileting. Watch the child's play and behavior, and ask the caregiver what has changed.
Ages 7 to 12
School-age children can tell you more. Open with something the child cares about, like a game, a pet or a sport. The NCTSN fact sheet notes that children this age may worry about their own safety and their family's, may feel guilt about what they did or did not do, and may struggle to concentrate in school. Questions like "What is the best part of living here? What is the hardest part?" gives the child room to raise a worry without being led.
Ages 13 and up
The bulletin warns that teenagers are easy to overestimate. They look like adults, but their verbal and reasoning skills vary a lot, and because they want to seem capable they may not ask for help when a question confuses them. Use plain words and check that your question landed. Explain your role: the judge will hear what they want, but your recommendation can differ. NCTSN notes that teens may worry about being seen as different and may pull away from family and friends. Let the teen set some of the agenda, show up when you said you would, and never promise to keep a secret you may have to report.
What a visit actually looks like
Before you go, read the latest caseworker notes and your last report so the child does not have to repeat themselves. Ask the placement where you can talk privately, since rules differ by program and placement. End by telling the child when you will see them next.
Write your notes the same day. Record date, place, who was present, length, the child's exact words and what you saw. For example: "10/6, foster home, 45 min, foster mother present first 10 min. J. (6) said 'I want to go to Mommy's for my birthday.' Showed me his room. Sleeps with the light on." Notes like that become the backbone of your court report.
See also Conducting Effective Home Visits and Trauma-Informed Advocacy. If the child does not speak, has a disability that affects communication, or speaks a language you do not, tell your supervisor before the visit. How to handle it is the program's call.
Common questions
Can a GAL volunteer ask a child about abuse?
Questioning a child about alleged abuse is usually done by a trained forensic interviewer, often as part of a multidisciplinary team. If a child starts to disclose, listen calmly, avoid leading questions, write down the child's exact words and follow your program's protocol and your state's mandated reporter law.
At what age does a GAL have to interview the child?
It depends on the state. Texas Family Code section 107.002(b) requires the GAL to interview the child in a developmentally appropriate manner if the child is four or older. Other states set the duty differently, so check your state's statute and your program's standards.
Does the GAL have to recommend what the child wants?
No. In Texas, for example, the GAL must seek the child's expressed objectives and consider them without being bound by them. Programs such as North Carolina's also make sure the court knows the child's wishes, even when the recommendation differs.
What should I write down after talking with a child?
Record the date, place, who was present, how long you talked, the child's exact words in quotation marks and what you observed. Write it the same day while it is fresh.
This is general information, not legal advice. Rules differ by state, county and courtroom, and they change. Verify anything time-sensitive with your supervising GAL staff, the court or a licensed attorney in your state.