By Kelsie Gonzalez
Appointed by the court, a Guardian ad Litem (GAL)serves as a vital, independent advocate, representing a child’s voice. While the GAL program has made significant strides in protecting children facing abuse and neglect, there remains a critical gap in advocating for neurodivergent children. Many of these children are fully capable of making informed decisions. Yet, their decision-making autonomy is often overlooked or underestimated because of their diagnosis. This blog post will explore the role of GALs within Florida’s child welfare system and how they can better support neurodivergent children, without compromising their fundamental right to make decisions about their own lives.
- The Guardian ad Litem System in Florida
The Guardian ad Litem (GAL) Programwas established in Florida in 1980 and plays a critical role in advocating for abused and neglected children involved in court proceedings.[1] Today, there are 20 local GAL programs across Florida’s judicial circuits, supported by the Statewide Guardian ad Litem Office.[2] The program’s mission, is to ensure that the needs of all dependent children are met in legal contexts, addressing the complex challenges they face within the child welfare system.[3]
In Florida’s foster care system, the GAL plays an essential role in safeguarding the best interests of children. This role was solidified with the passage of the Child Abuse Prevention and Treatment Act (CAPTA) in 1974, which was a direct response to the growing recognition of child abuse and neglect as a national crisis.[4] This landmark federal legislation was the first of its kind to address child abuse comprehensively and provided funding to states for the appointment of GALs to represent children facing abuse and neglect.[5] CAPTA paved the way for the Florida Legislature to position itself as a national leader in child advocacy by implementing a statewide, multidisciplinary GAL program that ensures robust, comprehensive representation for children in need.[6]
The responsibilities of a GAL are broad but essential for the protection and well-being of children. Some of their key duties include: (1) Understanding and representing the child’s needs and wishes, as well as their ability to make decisions; (2) Advocating for the child’s best interests in court; (3) Determining whether the child requires independent legal counsel.[7]
To be appointed as a GAL, an individual must meet certain qualifications. While training and background checks are mandatory, these requirements are relatively minimal. A prospective GAL must complete a certification program as outlined in Florida Statute 39.821[8] and be vetted by the Guardian Ad Litem program. In addition, some GALs may be attorneys, but most are not. The key qualification is an abiding interest in child advocacy and a commitment to protecting vulnerable children.[9] Training typically covers child development, trauma, child protection services, and relevant case law, among other areas of child welfare.[10] In 2023, the GAL programs in Florida had over 79,000 volunteers and served 201,000 children, making a significant impact on children in need of an advocate.[11]
However, despite the program’s success, a critical gap remains in the representation of neurodivergent children. While Florida’s GAL program has made strides in advocating for children, there is a pressing need for greater focus on the disparities caused by the lack of specialized advocacy. This absence leaves many children facing a system that provides either too much or too little support, preventing them from effectively navigating the legal and child welfare systems.
- Understanding Neurodivergence in Foster Children
Neurodiversity, or neurodivergence, refers to variations in the human brain regarding sociability, learning attention, mood, and other mental functions.[12] Neurotypical refers to someone whose brain behaves like most of society while neurodivergent refers to someone whose brain behaves differently.[13] While neurodivergence can be associated with disability and mental illness, not all people who identify as neurodivergent identify as disabled.[14] Similarly, some people who are neurodivergent have a disability and for some, their neurodivergence can be disabling in certain specific environments.[15] Studies show that 15-20% of the U.S. population is neurodivergent.[16] In the eyes of the law, “neurodivergence” is a broad term that can include people with autism, ADHD, dyslexia, dyspraxia, mental health conditions, learning disabilities, etc.[17]
Neurodivergent children in the foster care system face unique challenges that can have a profound impact on their development, emotional well-being, and ability to form secure, supportive relationships. These challenges are often compounded by the intersection of their neurodivergent traits and their experiences of trauma, creating complex needs that require specialized understanding and care.[18] Recent research highlights several key areas of concern:
Delayed or Missed Diagnoses: Many neurodivergent children entering the foster care system do not have an established diagnosis, or they may be misdiagnosed. Many children go undiagnosed or face significant delays in diagnosis.[19]
Placement Changes: Neurodivergent children often experience frequent placement changes, disrupting their sense of stability and security. Research indicates that placement instability can be particularly detrimental for neurodivergent children, who often rely on routine and consistency to feel secure.[20]
Inadequate Foster Carer Training: Many foster carers lack an understanding of neurodivergence and its connection to trauma. This leads to misunderstandings of a child’s behavior, inappropriate disciplinary responses, and a lack of necessary accommodations.[21] A survey from the National Foster Parent Association stresses the importance of improving training to help carers better understand and support neurodivergent children’s unique needs.[22]
Educational Barriers: Neurodivergent children in foster care encounter major educational hurdles, such as poorly designed Individualized Education Plans (IEPs) that don’t address both their neurodivergence and trauma.[23]
Social and Emotional Difficulties: The interplay of neurodivergence and trauma can create considerable social and emotional difficulties. Neurodivergent children may struggle with understanding social cues, regulating emotions, and forming attachments due to both their neurological traits and past experiences. Studies have found that these children are more likely to experience social isolation, anxiety, and depression compared to their peers.[24]
Limited Access to Specialized Services: Many children in foster care don’t have access to specialized services that cater to their specific needs, such as therapy, educational support, and healthcare personalized to their conditions.[25]
- Key Gaps in GAL Representation
While the GAL Program plays a critical role in advocating for children’s best interests in Florida’s foster care system, it struggles to adequately account for the needs of neurodivergent children. These children are often overrepresented in the system simply because they fall under a neurodivergent category, even when they are fully capable of making informed decisions about their own lives. On the flip side, many children who could benefit from neurodivergent accommodations are underrepresented, often overlooked because they don’t fit the typical mold. These children may not show obvious signs of neurodivergence, or their conditions may have gone undiagnosed due to a lack of proper evaluation, leaving them without the necessary support.
This misrepresentation—whether through overrepresentation or underrepresentation—stems from a lack of specialized training and understanding of neurodivergence among many GALs. Despite their best intentions, without sufficient knowledge of the child’s unique diagnosis, a GAL may make decisions based on assumptions or incomplete information, rather than the child’s true needs or capabilities.
This gap in understanding can have significant long-term effects. When neurodivergent children are treated as if they cannot make decisions for themselves, it reinforces the idea that they lack the autonomy to do so, even when they are perfectly capable of participating in decisions about their future. The impact of this is profound—these children may grow up internalizing the belief that their voices don’t matter or that they are incapable of self-advocacy.
- Enhancing GAL Advocacy for Neurodivergent Children
A potential solution is to allow children to speak for themselves in court, alongside their GAL, if they are able and willing to do so. This would shift the dynamic from a one-sided decision-making process to a more inclusive conversation between the judge, the GAL, and the child. It would empower the child to have a direct say in decisions that will affect their life long-term, reinforcing their autonomy and giving them a genuine voice in the process.
While some courts already allow children to testify or express their preferences, this practice is not universal. In certain jurisdictions, the court may permit children to speak directly to the judge, particularly if they are older and demonstrate emotional maturity. However, the extent to which this happens can vary significantly across different cases.
Although allowing children to speak directly in court could foster a more inclusive decision-making process, it remains a controversial practice.[26] Critics argue that children may struggle to articulate their true wishes in a way that reflects their best interests. On the other hand, proponents believe it empowers children, giving them a voice in decisions that will affect their lives long-term and reinforcing their autonomy.
Ultimately, while allowing children to speak in court could shift the decision-making process toward a more collaborative approach, it also raises important questions about how to balance the child’s autonomy with their emotional and developmental needs. To address these challenges, a comprehensive approach is needed—one that includes policy reform, targeted training for foster caregivers, and the development of specialized support services. By increasing awareness of neurodivergence, improving training for those working with children in the system, and ensuring that children receive tailored care and advocacy, we can create a more supportive environment that fosters healing, growth, and empowers all children to reach their full potential.
[1] See Angela H. Orkin, Statewide Guardian Ad Litem Office Long-Range Program Plan, Fiscal Years 2008-2009 through 2012-2013, at 6 (Sept. 30, 2007)
[2] See Id.
[3] See Id.
[4] See Dennis W. Moore, Guardian Ad Litem Representation of Children in Florida Dependency Courts, 8 Stetson J. Advoc. & L. 39, 39 (2021)
[5] See Id.
[6] See Id.
[7] https://www.blclawoffices.org/guardian-ad-litem-faq
[8] West’s F.S.A. § 39.821 (2024)
[9] See generally Guardian ad Litem Program, FAQ, Guardian ad Litem Program, (2022) https://guardianadlitem.org/faq/
[10] See generally Id.
[11] See Our Reach, National CASA/GAL Association for Children, (2025), https://nationalcasagal.org/our-impact/our-reach/
[12] Joanna Craig and Nirvana Doe, NEURODIVERSITY IN THE LEGAL PROFESSION: PROGRESS IN RECRUITING AND SUPPORT EFFORTS PRESENTS NEW DISCLOSURE QUESTIONS, University of Pennsylvania Carey Law School, (April 28, 2023), https://www.law.upenn.edu/live/files/12555-neurodiversity-in-the-legal-profession
[13] Id.
[14] Id.
[15] Id.
[16] Id.
[17] Rebekah Pierce, Laws & Legal Protections for Neurodivergent Individuals, Life Skills Advocate, (January 6, 2025) https://lifeskillsadvocate.com/blog/laws-legal-protections-for-neurodivergent-individuals/
[18] Bridgette Hebert Hamstead, Understanding Neurodivergence in the Foster Care System through a Trauma-Informed Neurodiversity Lens, Linkedin, (January 30, 2024) https://www.linkedin.com/pulse/understanding-neurodivergence-foster-care-system-lens-bridgette-q311c/?trackingId=24SD0U08Suq7dmOgtQM5jQ%3D%3D
[19] Id.
[20] Id.
[21] Id.
[22] Id.
[23] Id.
[24] Id.
[25] Id.
[26] See generally Katie Carter, Should children have a voice in their custody case? Hofheimer Family Law Firm, (September 15, 2021), https://hoflaw.com/blog/should-children-have-a-voice-in-their-custody-case/
