court investigator (guardianship of the person): Someone employed by the court to investigate a guardianship case where the person who wants to be the guardian is a relative of the child. The court investigator writes a report with recommendations to the judge and any other relevant information.
What does the Court Investigator do?
The Court Investigator will set up a formal home study. The investigator will:
- Visit the home where the child will live,
- Interview the child and the proposed guardian,
- Interview the parents if needed,
- Review documents about the child (like school records and medical records), and
- Do a background check on you and all adults living in the home to see if any of you has a record of neglect, abuse or a criminal record.
The Court Investigator will only investigate your case if you are a relative of the child.
If you are not a relative, the court will refer your case to your county's Department of Human Services or Department of Social Services and they will do the investigation.
What does the Court Investigator consider before making a report?
Before you are appointed as guardian, the Court Investigator wants to know if:
- There is a valid need for a guardianship, or if the child should be with the parents.
- The case should be referred to another agency, like Social Services.
If the investigator thinks the child needs a guardianship, she will look at:
- Where the child will live,
- Where the child will go to school,
- Family situation (including all household members),
- Health care issues (including mental health problems), and
- Visitation by the parents.
If the child is old enough and mature enough, the Court Investigator may also talk with him/her about the guardianship.
In some cases, the Court Investigator may recommend that the court appoint a lawyer to represent the child. This lawyer would be paid for by the court.
What information is in the Court Investigator's report?
The Court Investigator's Report summarizes all the information for the judge, and will have:
- recommendations about your case,
- any concerns the Court Investigator may have about the guardianship, and
- any other recommendations the Court Investigator thinks would help, like an evaluation, mediation, or emergency screening (if needed).
What will the judge do?
If the child's parents agree to the guardianship, a judge may order a guardianship if it is necessary or convenient.
If 1 or both of the parents objects to the guardianship, a judge will order a guardianship only if:
- Staying with the parents or 1 of the parents will be detrimental to the child
- The guardianship will be in the best interest of the child.