Bill Text: DE SB166 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: An Act To Amend Titles 29 And 31 Of The Delaware Code Relating To Guardians Ad Litem

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-01-12 - Assigned to Judiciary Committee in Senate [SB166 Detail]

Download: Delaware-2009-SB166-Draft.html

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SPONSOR:	Sen. McDowell & Rep. M. Marshall

DELAWARE STATE SENATE

145th GENERAL ASSEMBLY

SENATE BILL NO. 166

AN ACT TO AMEND TITLES 29 AND 31OF THE DELAWARE CODE RELATING TO GUARDIANS AD LITEM

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

WHEREAS, the State of Delaware relies heavily upon guardians ad litem who are appointed by court order to represent abused, neglected and dependent children; and

WHEREAS, attorney guardians ad litem through the Office of the Child Advocate ("OCA") and Court-Appointed Special Advocates ("CASAs") are generally volunteers who serve pursuant to a court order without compensation for their time and service to the children they represent; and

WHEREAS, to encourage the volunteer participation of attorneys and CASAs to serve as guardians ad litem, the General Assembly has determined that attorney guardians ad litem and CASAs should not be subject to liability or the burdens of litigation for their service and should be provided the same immunity from suit under state law as they are provided under federal law; and

WHEREAS, sufficient safeguards exist to protect children for whom attorney guardians ad litem and CASAs are appointed, by the Court retaining judicial oversight over guardians ad litem acting pursuant to court orders, by CASA and OCA supervising guardians ad litem participating in the respective programs, and by not immunizing guardians ad litem for actions taken outside the scope of their court-appointed authority; and

WHEREAS, with these and other safeguards in place, the General Assembly determines that it is and has been the public policy of this State, as in many other states, to provide guardians ad litem absolute immunity from suit with respect to all acts or omissions occurring within the scope of their court appointment – the same immunity from suit provided to guardians ad litem under federal law.

  NOW THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 

Section 1.Amend Section 9008A of Title 29 of the Delaware Code by striking the phrase "within the scope of his or her employment or appointment" as it appears in the first sentence, and by adding a second sentence to read as follows:

"Notwithstanding the above, an attorney guardian ad litem appointed by court order pursuant to §9007A of this Chapter shall have absolute immunity from suit for acts or omissions occurring within the scope of his or her court appointment".

Section 2.Amend Section 3611 of Title 31 of the Delaware Code by adding a second sentence to read as follows:

"Notwithstanding the above, a guardian ad litem appointed by court order pursuant to §3605(b) of this Chapter shall have absolute immunity from suit for acts or omissions occurring within the scope of his or her court appointment".

Section 3.The provisions of this Act shall apply retroactively to July 16, 1999.

Section 4.If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are severable.

SYNOPSIS

This bill clarifies that guardians ad litem appointed by the court through the Office of the Child Advocate or the Court-Appointed Special Advocate Program are entitled to absolute immunity from suit for acts or omissions occurring within the scope of their authority.

Author: Senator McDowell