The court should appoint the child a guardian ad litem (GAL) before the hearing. The court may only proceed without a GAL if it makes specific written findings that no useful purpose would be served by the appointment.

A GAL may be just as important for children in voluntary placement as for those subject to D&N petitions. Children placed voluntarily are in the same danger of remaining too long in foster care limbo or being moved from placement to placement. The GAL’s independent assessment and advocacy are essential.