Kentucky lawmakers review guardian ad litem system as cases rise, pay and staffing shortfalls persist

FRANKFORT, Ky. — Judicial and executive branch officials told a House subcommittee Tuesday that Kentucky’s guardian ad litem (GAL) program is under strain from rising caseloads, low statutory fee limits and a shortage of attorneys in rural counties — and that any large-scale administrative change would require new funding, clearer statute language and safeguards against conflicts of interest.

Chief Justice Deborah Hembree Lambert told the House Subcommittee on Justice, Public Safety and Judiciary that an audit and follow-up work since 2019 reduced statewide GAL payments “from a little over $14,000,000” to “around $12,000,000,” even as judges reported growing dockets. “We do need to talk about the fees of guardian ad litems and to make sure that we are providing sufficiently, to cover the constitutional needs of representation,” she said.

The committee heard that the current statutory fee cap for court-appointed counsel at the trial-court level dates to 1986 and remains $500. Judges and local court officials said that amount no longer covers typical expenses or time: “The fees are woefully low when you consider that these are the people who are representing parents who are basically facing a death penalty for their family,” Hopkins County Family Court Judge Susan Wesley McClure said.

Why it matters: GALs and court-appointed counsel represent children and parents in dependency, neglect and abuse proceedings, adoptions and termination-of-parental-rights cases. Committee members said they were gathering information ahead of the budget cycle and possible future legislation; Chairwoman Representative Dietz said, “This is a discussion. We're not…