What does the Law Guardian do? 

As a foster parent can I talk to him or her?

Firstly, a Law Guardian (LG) is the attorney for the child. The Law Guardian is appointed by the Court to serve as the child’s legal advocate. They are there to represent the child’s interests, specifically their wants and needs. The person chosen to act as the Law Guardian is usually a lawyer who is experienced in custody matters.

Normally, the Law Guardian speaks with the child or children and may also speak to either or both of the parents. The Guardian may also speak with foster parents, school personnel, a child’s therapist, the forensic examiner appointed in the case, or anyone else the Guardian considers appropriate to obtaining relevant, and necessary information to enable him/her to make a recommendation to the Court on behalf of the child.

You may speak to the Law Guardian but realize that the “client” is the child and confidentiality rules prohibit them from sharing information with you. Make it known that you understand this when you reach out and you may get a better response from the child’s attorney. The child does have a right to have you or another representative present when they speak with their attorney but you may not speak for the child.

The role of the attorney for the child or law guardian in NYS as outlined by the NYS Court System: 

https://www.nycourts.gov/rules/chiefjudge/07.shtml