Indiana legislators on the Interim Study Committee on Fiscal Policy heard testimony Wednesday from concerned mothers and a legal expert regarding the inconsistent standards and lack of independence for child advocates in court cases across the state. These advocates, known as guardian ad litems (GALs) and Court Appointed Special Advocates (CASAs), are appointed by courts to represent children’s best interests in family law matters, but complaints suggest potential issues affecting families in Vigo County and the wider Wabash Valley.
Several mothers voiced anger over court-ordered interventions involving their children, with some calling for additional state oversight. They described what they believed to be abuses of the legal system and misrepresentations by these court-appointed advocates, which they said led to judges ordering child removals from homes or imposing parental restrictions. Prominent objections included the absence of an independent review process for complaints against advocates and concerns that they might be overly compliant with recommendations from the Department of Child Services (DCS).
Eden Mast of Nappanee specifically alleged misconduct by a guardian ad litem involved in decisions about her children's medical care stemming from her divorce. Mast told lawmakers that her complaints regarding communications, boundaries, and retaliation were returned to the exact court relying on that GAL, highlighting the lack of an independent body to intervene.
Rachel Vilensky, director of the Family Law Clinic at Indiana University’s Maurer School of Law in Bloomington, supported these concerns. She testified that her legal work across roughly 20 counties revealed a wide range of involvement and expertise among child advocates. Vilensky observed that guardians ad litem or CASAs often align with DCS recommendations, sometimes lacking the legal knowledge, skills, or authority to challenge those recommendations effectively. She advocated for establishing statewide standards for advocates and ensuring they operate independently of county judges. Vilensky emphasized the importance of independent programs in all 92 counties to strengthen advocate recommendations and prevent fear of reprisal from judges.
Rep. Victoria Garcia Wilburn, D-Fishers, had asked General Assembly leaders to direct the study committee to consider actions for the 2027 legislative session concerning the funding and management of these child advocate programs. Her suggestions to the committee included creating uniform training standards statewide and exploring options for smaller counties to share child-advocate attorneys.
Leslie Dunn, director of the Children and Families Division within the Indiana Office of Court Services, informed the committee that state funding for these programs has not increased since 2018, when it rose from $5 million to $6.3 million annually. Study committee Chair Jeff Thompson, who also chairs the budget-writing House Ways and Means Committee, suggested other legislative panels develop proposals for improving the advocacy system, while indicating potential support for increased funding. Rep. Greg Porter, the top Democrat on the Ways and Means Committee, noted the state's growing cash reserves, projected at $5 billion, stating that funding should not be an impediment to addressing these issues. Porter emphasized the value of input from those directly experiencing the system.