Guardian ad litems and Appointed Counsel are not protected by immunity. In Wiederholt v Fisher, 485 N.W. 2d 442, 169 Wis. 2d 524 (1992) “In child custody matter, guardian ad litem does not represent child per se; rather, guardian ad litem’s statutory duty is to represent concept of child’s best interest.” When those guardian ad litems don’t bother to meet the minium standards – they become subject to liability. (Collins v Tabet, 111 N.M. 391,806 P 2nd 40 (N.M. 1990)
In other words when a Guardian ad litem just goes through the motions and does not really work the case they can and should be held liable. Most Guardians don’t work for the child, they work for Child Protection Services.
According to Bonds, 64, N.M. at 345,328 P. 2nd at 599 the appointment as guardian ad litem of a minor child is in the position for the highest trust and no attorney should ever blindly enter in an appearance as guardian ad litem and allow a matter to proceed without a full and complete investigation into the facts and law so that his clients will be fairly and competently represented and their rights fully and adequately protected and preserved….
Bonds proposed that a guardian ad litem holds a position of the highest trust and suggest that he or she is a fiduciary. Judge Donnelly compares the position of Guardian ad litem to that of a general guardian or conservator and is subject to liability to their wards for the harm resulting from ordinary negligence in the discharge of their duties. They are actually charged with a higher standard of care than are other people involved.
In Downs v Sawtelle, 574,F 2d 1 ( 1st Cir.1978) a federal judge in the Court of Appeals ruled that immunity was inappropriate for guardians because they are considered private parties and they are not confronted with the pressures of office, the decision making of the threat of liability facing governors or high level public officials.
According to J.W.F. v Schoolcraft, 763 P.2nd 1217 (Utah, 1987) A guardian ad litems job is to put themselves in the shoes of the child and look at the factors as the child would if he or she were old enough and their judgment was mature enough to make a decision.
Diedra Sands who is the guardian ad litem for the children of Alice Samantha Thomason has failed to do any of these things. Her interest lies with Jackson County DFCS. She has not ever put herself in the shoes of the children Autumn Destiny DeShawna Thomason, Carly and Sara Louvelle Texanna Wilfawn. If she had she would have worked toward getting them back with their mother. Instead she has done everything in her power to tear this family apart. She works in collusion with Katie Bice the social worker at Jackson County, Ga DFCS.