How OCA Processes a Case

There are two primary avenues which lead to the appointment of an attorney guardian ad litem for a child. The first avenue is referrals. OCA regularly receives referrals from biological parents, foster parents, relatives, schools, counselors and psychologists, medical professionals, law enforcement, the Department of Justice, the Children's Department and the Court system. These referrals typically indicate that no one is looking out for an abused, neglected or dependent child's best interests, and that the child would benefit from his or her own independent legal representation of his or her best interests. If a person calls to report child abuse or neglect, they are directed to the Child Abuse Hotline at 1-800-292-9582. OCA does NOT investigate child abuse and neglect - the Division of Family Services does. (Please see our link to the Children's Department). If you would like to make a referral to OCA, please call us at 302-577-6830 and explain that you are making a referral. The second avenue is a Court order. In compliance with 13 Del. C. § 701(c), the Court is required to appoint a guardian ad litem ("GAL") through OCA or CASA for each child who enters the custody of the Division of Family Services. Routinely, the Court faxes an order as soon as a child enters care, requiring OCA and/or CASA to appoint a GAL for the child. The Court uses the following phrases in its orders requiring appointment of an attorney GAL through OCA:

1. An attorney guardian ad litem shall be appointed to represent [the child].An attorney guardian ad litem or a CASA shall be appointed to represent [the child].The Court requests that an attorney guardian ad litem from OCA be appointed to represent [the child].
2. A CASA or attorney guardian ad litem shall be appointed to represent the best interests of [the child].

What information does OCA need for a referral?At a minimum we need the child's name and date of birth. However, the following information is very helpful: parent's names and dates of birth, addresses, phone numbers, Family Court documents and/or file numbers and child's location. Please let us know if there is anything pending in Family Court and the date of the next court hearing. You may call at any time and check on the status of your referral with the Program Administrator (files are kept under the child's name).How does OCA decide whether or not to represent a child? What records are considered and how long does it take?When OCA receives a referral on a child (as opposed to a Court order requiring appointment), OCA will review records from the Delaware Children's Department. If any history with the Department exists, when OCA asks to review record, the Children's Department will respond within ten working days pending approval by their attorney. Upon notification from the Children's Department, OCA schedules the review within ten working days. During this four to five week process, OCA may also review the Family Court record. Faxing copies of Family Court records (in your possession) along with other pertinent documentation will speed up the review process. After all compiled records are reviewed, the Program Administrator evaluates the risk factors in the case. These risk factors include but are not limited to the following: history of abuse/neglect/dependency, domestic violence in the home, drug/alcohol addictions, and mental health history. The Child Advocate then makes the final decision, based upon a recommendation, as to whether or not an attorney will be appointed for the child. The Children's Department worker(s) and the referent are alerted as to the outcome of the OCA review. All referral sources and OCA records are confidential pursuant to 29 Del. C. § 9006A.When OCA is Court ordered to represent a child, OCA does not review the Delaware Children's Department records prior to appointing an attorney. Instead, it requests that the records be immediately prepared by the different divisions for copying. OCA will then go to the physical Division location and retrieve the file. The copy of the file is then forwarded to the attorney for the child. In cases with long histories and/or which raise policy concerns, OCA will also retain a copy of the DFS record for internal use. If there are available attorneys through OCA, a Court-ordered appointment may only take a week or two. If there are no available attorneys, the child is placed on a waiting list until an attorney can be recruited.How does an order of appointment occur?For OCA referrals in which the child is in the custody of the Division of Family Services or in Departmental custody, or for Court ordered cases, OCA simply files a form of order with the Court indicating the attorney who will be representing the child's best interests. For OCA referrals where the child is not in the custody of the Division of Family Services/Children's Department, OCA, as a courtesy to the parties, files a motion with the Court requesting appointment of the attorney GAL. OCA is not required to do so. 29 Del. C. § 9007A(a)(2) states that if OCA "determines that a child needs guardian ad litem representation, the Court shall sign an order appointing". The Family Court has also interpreted this provision in the same light. See Bennett vs. Bennett, File No. CS91-4334, Henriksen, J. (Jan. 2, 2002).What happens once the order of appointment is signed?Once the Court signs the form of Order appointing the attorney GAL, OCA provides the appointed attorney with a copy of any Children's Department files and information on the location of the child. If the child is in the custody of the Division of Family Services, the DFS worker's name and contact information is also provided to the attorney. OCA then provides supportive services to the attorney. Each attorney is provided with a training manual which includes numerous checklists, forms and resources for representing a child. OCA is available to provide as much or as little guidance to the attorney as he or she may need to effectively advocate for the child.
What if the child does not get an attorney?

Often we will close a case if risk factors are very low, if there is no pending petition in Court, or if the child already has a CASA. If there are child welfare system concerns, OCA will track these issues and has often brought safety issues/concerns to the Delaware Children's Department. Please feel free to call back if the child's situation changes or Family Court involvement changes.