What Is a Guardian Ad Litem in Foster Care and Adoption?

You get a letter in the mail or a call from your caseworker. A guardian ad litem has been appointed to your case. If you are a foster parent or prospective adoptive parent in Illinois, those words might bring up more questions than answers. Who is this person? What will they do? And what does their involvement mean for the child in your care?

A guardian ad litem (often shortened to GAL) is a court-appointed advocate whose job is to represent the best interests of a child during legal proceedings [1]. At Let It Be Us, we hear these questions regularly from families navigating the foster care and adoption process. Understanding the GAL’s role, and how to work with them effectively, can make a meaningful difference in how your case moves forward.

Here is what foster and adoptive parents in Illinois need to know about guardians ad litem, what they do, and how to prepare for their involvement.

What Does a Guardian Ad Litem Do?

The term "guardian ad litem" comes from Latin and translates roughly to "guardian for the purpose of the lawsuit." A GAL is not a permanent guardian and does not gain legal authority over the child. Their role exists only within the context of a specific court case [2].

A GAL’s primary responsibility is to act as an independent fact-finder for the court. Unlike an attorney who advocates for a client’s stated wishes, a GAL investigates the situation and recommends what they believe serves the child’s best interests, even if that differs from what the child or the parents want.

GALs carry out four core functions:

• Investigation. The GAL can visit homes and interview the people involved in the child’s life, from parents and foster parents to caseworkers and teachers. They review court records along with school and medical documentation.
• Advocacy. Based on their investigation, the GAL makes recommendations to the judge about custody arrangements, placement decisions, and visitation plans.
• Monitoring. The GAL tracks whether parties are following court orders and whether the child’s needs are being met after decisions are made.
• Reporting. The GAL provides written and oral reports to the court summarizing their findings and recommendations.

Judges often refer to GALs as "the eyes and ears of the court" because they gather information that would be difficult or impractical for a judge to obtain directly [3].

How a Guardian Ad Litem Gets Appointed

A GAL can enter a case in several ways. A judge may appoint one on their own initiative, or a parent, attorney, or other party can request that the court appoint a GAL. In practice, appointments happen most frequently in cases involving:

• Abuse or neglect proceedings. Federal law under the Child Abuse Prevention and Treatment Act (CAPTA) requires states to appoint a GAL or similar advocate for every child in judicial proceedings involving abuse or neglect.
• Contested custody disputes. When parents disagree about where a child should live or how parenting time should be divided, a GAL can investigate and recommend a plan.
• Adoption proceedings. When a child’s permanency goal shifts to adoption, a GAL may be appointed to evaluate whether the proposed placement serves the child’s best interests.
• Guardianship cases. When an adult seeks legal guardianship of a minor, a GAL may be appointed to ensure the arrangement is appropriate.

For families in the foster care system, GAL appointments most commonly occur during juvenile court child protection cases. If the Illinois Department of Children and Family Services (DCFS) has taken custody of a child, a GAL is typically involved from early in the process.

The Guardian Ad Litem’s Role in Foster Care Cases

When a child enters foster care, the GAL becomes involved in evaluating whether the foster care placement is meeting the child’s needs. This means the GAL will likely interact directly with you as a foster parent.

What the GAL investigates in foster care:

• The safety and stability of the foster home environment
• How the child is adjusting to the placement, including behavior, emotional wellbeing, and progress at school
• Whether the foster family is following the service plan and court orders
• The quality of the relationship between the child and the foster family
• Whether the child’s medical appointments, school performance, and therapy sessions are on track
• The child’s contact and relationship with biological family members

The GAL gathers this information and may visit your home, may interview you, and may observe how you and the child interact. They may talk to you about the child’s daily life and speak with the child privately. They may also coordinate with caseworkers and the child’s therapist or school staff.

If a GAL observes or suspects abuse or neglect during any investigation, they have an obligation to report it. Many GALs are also licensed attorneys or social workers who carry independent mandated reporter duties under Illinois law [4].

Their recommendations carry significant weight. Judges rely heavily on GAL reports when making decisions about placement changes, service modifications, and permanency goals. If you are working through the foster care licensing process, understanding the GAL’s role from the beginning helps you know what to expect as cases progress.

The Guardian Ad Litem’s Role in Adoption Cases

When a child’s permanency goal shifts from reunification to adoption, the GAL’s focus shifts as well. The GAL evaluates whether adoption through foster care serves the child’s best interests and assesses the readiness of the prospective adoptive family.

In adoption proceedings, the GAL typically:

• Reviews the history of the case and the reasons the permanency goal changed
• Evaluates the prospective adoptive family’s capacity to meet the child’s ongoing needs
• Considers the child’s attachment to the prospective adoptive family
• Assesses whether the child has been adequately prepared for the permanency of adoption
• Makes a recommendation to the court about whether the adoption should proceed

For families connected through the Heart Gallery of Illinois, the GAL’s evaluation is one part of the broader matching process that ensures each placement is intentional, well-informed, and built for long-term stability.

The GAL’s involvement continues through the finalization hearing. Their report to the court at that stage can confirm that the adoption serves the child’s best interests, which is a required finding for the court to approve the adoption.

What Foster Parents Should Know About Working with a GAL

Working with a GAL does not need to feel adversarial. The GAL is not there to judge you as a parent. They are there to gather facts and make sure the child is safe and thriving. How you approach the relationship can influence how smoothly the process goes.

Practical tips for working with a GAL:

• Cooperate fully with reasonable requests. Illinois expects parties to cooperate with the GAL. If the GAL asks to visit your home, schedule the visit promptly. If they ask for documentation, provide it.
• Be honest and straightforward. The GAL will form opinions based on the facts they observe. Presenting an unrealistic picture of the situation will not help your case.
• Keep records. Maintain documentation of medical appointments, school progress, therapy sessions, and any significant incidents. Having organized records available shows the GAL that you are actively engaged in the child’s care.
• Follow court orders consistently. The GAL monitors compliance. If the service plan requires specific actions from you, make sure you are following through.
• Do not coach the child. Attempting to influence what the child says to the GAL can work against you. Courts and GALs are trained to recognize when a child has been coached, and it raises concerns about the adult’s judgment.
• Ask for the GAL’s contact information. In Illinois, foster parents and caregivers can request the GAL’s name, email address, phone number, and supervisor’s name.
• Treat the GAL like a second judge. The GAL is not your advocate. Think of them as an extension of the court. Be respectful, be responsive, and let your actions speak for themselves.

If you have an attorney, consult with them before contacting the GAL directly. Your attorney can advise you on what communication is appropriate and in your interest.

Common Misconceptions About Guardians Ad Litem

Several misunderstandings about GALs can create unnecessary anxiety for foster and adoptive families.

1. "The GAL is the child’s lawyer."
A GAL does not function as the child’s attorney. An attorney advocates for what the client wants. A GAL advocates for what they believe is best for the child after conducting an independent investigation. These can be very different things [1].

2. "The GAL makes the final decision about my case."
The GAL investigates and recommends. The judge decides. While judges take GAL recommendations seriously and often follow them, the GAL does not have the authority to make binding decisions about custody, placement, or adoption [2].

3. "The GAL supervises visits and enforces child support."
Supervising visitation and monitoring child support payments are not standard GAL duties. The GAL’s role is investigative and advisory, not enforcement-oriented.

4. "I can get a new GAL if I disagree with their conclusions."
Disagreeing with the GAL’s findings is not sufficient grounds for removal. Illinois requires "good cause" to replace a GAL, such as a provable ethical violation or failure to perform their duties. A GAL forming opinions you do not like is not the same as bias.

How Let It Be Us Supports Families Through the Legal Process

At Let It Be Us, we serve as Illinois’s premier foster and adoptive parent recruitment agency. We work with agencies throughout the state to recruit foster parents across every placement type, from traditional and specialized care to emergency and therapeutic placements. We also manage many adoptions in Illinois through DCFS contract via the Heart Gallery of Illinois.

While we do not provide legal advice or legal services, we support families in ways that help them feel prepared for every stage of the foster care and adoption process, including the legal components.

What we provide:

• Pre-licensing guidance to help you understand what fostering and adoption through foster care involve before you begin
• Agency matching to connect you with a licensing agency that fits where you live and what matters to your family
• Educational events and webinars covering topics that matter to prospective and current foster and adoptive parents
• Connections to support resources throughout your foster care and adoption journey, including information about Court Appointed Special Advocates (CASA) who work alongside GALs in many cases

We welcome families from all backgrounds. Single parents can foster and adopt. So can LGBTQIA+ couples and renters. Let It Be Us is recognized by the Human Rights Campaign for our commitment to LGBTQIA+ inclusion.

If you are considering fostering or adoption through foster care, complete this form to begin your journey. We will help you take the next step, answer your questions, and connect you with the support you need. Explore all further educational opportunities through Let It Be Us at www.letitbeus.org/events. Your foster care and/or foster care adoption journey can start today.

FAQs About Guardians Ad Litem

How much does a guardian ad litem cost?

GAL fees vary by case and jurisdiction. In most family law matters, the court splits fees between the parents based on their financial ability. In foster care cases where DCFS is involved, the cost structure may differ. Consult your attorney or caseworker for details specific to your situation.

Can I request a different GAL if I disagree with their recommendation?

Only with good cause. Disagreeing with the GAL’s conclusions is not enough. You would need to demonstrate an ethical violation, a conflict of interest, or a failure to perform their duties. Filing a complaint should not be done lightly.

How long does a GAL stay involved in a case?

A GAL serves until the court formally discharges them, which typically happens when the case is resolved. Once the proceeding concludes through adoption finalization, guardianship, or another outcome, the court ends the GAL’s appointment.

Is a GAL the same as a CASA volunteer?

They are related but different. A CASA (Court Appointed Special Advocate) is a trained volunteer who performs investigative and advocacy functions similar to a GAL. In smaller Illinois counties, one person can serve in both roles. In counties with a population over 3 million (Cook County), the CASA and GAL must be different individuals.

Do I have to let the GAL into my home?

Yes. Cooperation with the GAL is expected and required. The GAL needs to observe the child’s living environment as part of their investigation. Refusing access raises concerns and can negatively affect the GAL’s report [4].

Can the GAL talk to my child without me present?

Yes. Speaking with the child privately is standard practice and allows the GAL to get the child’s perspective without potential influence from adults in the room. The GAL may interview the child at your home, at their office, or in another appropriate setting.

References

[1] Wex Definitions Team. "guardian ad litem." Cornell Law School Legal Information Institute, January 2023. https://www.law.cornell.edu/wex/guardian_ad_litem

[2] Canaan Suitt, J.D. "What Does a Guardian Ad Litem Do?" Super Lawyers, September 2025. https://www.superlawyers.com/resources/family-law/what-does-a-guardian-do-in-family-law-cases/

[3] Illinois Legal Aid Online. "Guardian ad Litem (GAL) basics." Illinois Legal Aid Online, March 2024. https://www.illinoislegalaid.org/legal-information/guardian-ad-litem-gal-basics

[4] Northwest Justice Project. "Guardian ad litem (GAL) guide." Washington Law Help, April 2025. https://www.washingtonlawhelp.org/en/guardian-ad-litem-gal-guide