Bill Text: MN HF440 | 2013-2014 | 88th Legislature | Introduced
Bill Title: State Guardian Ad Litem Board provisions modified.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-04-22 - Bills identical, SF substituted on General Register [HF440 Detail]
Download: Minnesota-2013-HF440-Introduced.html
1.2relating to judiciary; modifying certain provisions relating to the State Guardian
1.3Ad Litem Boardamending Minnesota Statutes 2012, sections 260B.163,
1.4subdivision 6; 260B.331, subdivision 6; 260C.163, subdivision 5; 260C.331,
1.5subdivision 6; 480.35, subdivision 1; 518.165, subdivisions 1, 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 260B.163, subdivision 6, is amended to
1.8read:
1.9 Subd. 6. Guardian ad litem. (a) The court shall appoint a guardian ad litem to
1.10protect the interests of the minor when it appears, at any stage of the proceedings, that the
1.11minor is without a parent or guardian, or that the minor's parent is a minor or incompetent,
1.12or that the parent or guardian is indifferent or hostile to the minor's interests. In any
1.13other case the court may appoint a guardian ad litem to protect the interests of the minor
1.14when the court feels that such an appointment is desirable. The court shall appoint the
1.15guardian ad litem on its own motion or in the manner provided for the appointment of
1.16a guardian ad litem in the district court. The court may appoint separate counsel for the
1.17guardian ad litem if necessary.
1.18(b) A guardian ad litem shall carry out the following responsibilities:
1.19(1) conduct an independent investigation to determine the facts relevant to the
1.20situation of the child and the family, which must include, unless specifically excluded by
1.21the court, reviewing relevant documents; meeting with and observing the child in the
1.22home setting and considering the child's wishes, as appropriate; and interviewing parents,
1.23caregivers, and others with knowledge relevant to the case;
1.24(2) advocate for the child's best interests by participating in appropriate aspects of
1.25the case and advocating for appropriate community services when necessary;
2.1(3) maintain the confidentiality of information related to a case, with the exception
2.2of sharing information as permitted by law to promote cooperative solutions that are
2.3in the best interests of the child;
2.4(4) monitor the child's best interests throughout the judicial proceeding; and
2.5(5) present written reports on the child's best interests that include conclusions and
2.6recommendations and the facts upon which they are based.
2.7(c) The court may waive the appointment of a guardian ad litem pursuant to
2.8paragraph (a), whenever counsel has been appointed pursuant to subdivision 2 or is
2.9retained otherwise, and the court is satisfied that the interests of the minor are protected.
2.10(d) In appointing a guardian ad litem pursuant to paragraph (a), the court shall not
2.11appoint the party, or any agent or employee thereof, filing a petition pursuant to section
2.12260B.141
and
260C.141 .
2.13(e) The following factors shall be considered when appointing a guardian ad litem in
2.14a case involving an Indian or minority child:
2.15(1) whether a person is available who is the same racial or ethnic heritage as the
2.16child or, if that is not possible;
2.17(2) whether a person is available who knows and appreciates the child's racial or
2.18ethnic heritage.
2.19(f) The court shall require a background study for each guardian ad litem as provided
2.20under section518.165 . The court shall have access to data collected pursuant to section
2.21245C.32
for purposes of the background study.
2.22 Sec. 2. Minnesota Statutes 2012, section 260B.331, subdivision 6, is amended to read:
2.23 Subd. 6. Guardian ad litem fees. (a) In proceedings in which the court appoints a
2.24guardian ad litem pursuant to section260B.163, subdivision 6, paragraph (a), the court
2.25may inquire into the ability of the parents to pay for the guardian ad litem's services and,
2.26after giving the parents a reasonable opportunity to be heard, may order the parents to
2.27pay guardian ad litem fees.
2.28(b) In each fiscal year, the commissioner of management and budget shall deposit
2.29guardian ad litem reimbursements in the special revenue fund and credit them to a
2.30separate account with the State Guardian Ad Litem Board. The balance of this account is
2.31appropriated to the State Guardian Ad Litem Board and does not cancel but is available
2.32until expended. Revenue from this account must be spent in the judicial district in which
2.33the reimbursement is collected.
2.34 Sec. 3. Minnesota Statutes 2012, section 260C.163, subdivision 5, is amended to read:
3.1 Subd. 5. Guardian ad litem. (a) The court shall appoint a guardian ad litem to
3.2protect the interests of the minor when it appears, at any stage of the proceedings, that the
3.3minor is without a parent or guardian, or that the minor's parent is a minor or incompetent,
3.4or that the parent or guardian is indifferent or hostile to the minor's interests, and in every
3.5proceeding alleging a child's need for protection or services under section260C.007,
3.6subdivision 6 , except proceedings where the sole allegation is that the child is a runaway
3.7or habitual truant. In any other case the court may appoint a guardian ad litem to protect
3.8the interests of the minor when the court feels that such an appointment is desirable. The
3.9court shall appoint the guardian ad litem on its own motion or in the manner provided
3.10for the appointment of a guardian ad litem in the district court. The court may appoint
3.11separate counsel for the guardian ad litem if necessary.
3.12(b) A guardian ad litem shall carry out the following responsibilities:
3.13(1) conduct an independent investigation to determine the facts relevant to the
3.14situation of the child and the family, which must include, unless specifically excluded by
3.15the court, reviewing relevant documents; meeting with and observing the child in the
3.16home setting and considering the child's wishes, as appropriate; and interviewing parents,
3.17caregivers, and others with knowledge relevant to the case;
3.18(2) advocate for the child's best interests by participating in appropriate aspects of
3.19the case and advocating for appropriate community services when necessary;
3.20(3) maintain the confidentiality of information related to a case, with the exception
3.21of sharing information as permitted by law to promote cooperative solutions that are
3.22in the best interests of the child;
3.23(4) monitor the child's best interests throughout the judicial proceeding; and
3.24(5) present written reports on the child's best interests that include conclusions and
3.25recommendations and the facts upon which they are based.
3.26(c) Except in cases where the child is alleged to have been abused or neglected,
3.27the court may waive the appointment of a guardian ad litem pursuant to paragraph (a),
3.28whenever counsel has been appointed pursuant to subdivision 2 or is retained otherwise,
3.29and the court is satisfied that the interests of the minor are protected.
3.30(d) In appointing a guardian ad litem pursuant to paragraph (a), the court shall not
3.31appoint the party, or any agent or employee thereof, filing a petition pursuant to section
3.32260C.141
.
3.33(e) The following factors shall be considered when appointing a guardian ad litem in
3.34a case involving an Indian or minority child:
3.35(1) whether a person is available who is the same racial or ethnic heritage as the
3.36child or, if that is not possible;
4.1(2) whether a person is available who knows and appreciates the child's racial or
4.2ethnic heritage.
4.3(f) The court shall require a background study for each guardian ad litem as provided
4.4under section518.165 . The court shall have access to data collected pursuant to section
4.5245C.32
for purposes of the background study.
4.6 Sec. 4. Minnesota Statutes 2012, section 260C.331, subdivision 6, is amended to read:
4.7 Subd. 6. Guardian ad litem fees. (a) In proceedings in which the court appoints a
4.8guardian ad litem pursuant to section260C.163, subdivision 5, clause (a) , the court may
4.9inquire into the ability of the parents to pay for the guardian ad litem's services and,
4.10after giving the parents a reasonable opportunity to be heard, may order the parents to
4.11pay guardian ad litem fees.
4.12(b) In each fiscal year, the commissioner of management and budget shall deposit
4.13guardian ad litem reimbursements in the special revenue fund and credit them to a
4.14separate account with the State Guardian Ad Litem Board. The balance of this account is
4.15appropriated to the State Guardian Ad Litem Board and does not cancel but is available
4.16until expended. Revenue from this account must be spent in the judicial district in which
4.17the reimbursement is collected.
4.18 Sec. 5. Minnesota Statutes 2012, section 480.35, subdivision 1, is amended to read:
4.19 Subdivision 1. Structure; membership. (a) The State Guardian Ad Litem Board is
4.20established in the judicial branch. The board is not subject to the administrative control
4.21of the judiciary. The State Guardian Ad Litem Board shall consist of seven members
4.22including:
4.23(1) three members appointed by the Supreme Court, at least one of whom must have
4.24former guardian ad litem experience, and who include two attorneys admitted to practice
4.25law in the state and one public member; and
4.26(2) four members appointed by the governor.
4.27The appointing authorities may not appoint an active judge to be a member of
4.28the State Guardian Ad Litem Board, but may appoint a retired judge. The appointing
4.29authorities may not appoint a registered lobbyist to be a member of the State Guardian Ad
4.30Litem Board.
4.31(b) All candidates shall demonstrate an interest in maintaining a high quality,
4.32independent guardian ad litem program for the advocacy of the best interests of children
4.33as required in juvenile and family court. The candidates shall be well acquainted with the
4.34guardian ad litem program, as well as laws that affect a guardian ad litem's work, including
5.1the Minnesota Indian Family Preservation Act under sections260.751 to
260.835 ; the
5.2federal Multiethnic Placement Act of 1994 under United States Code, title 42, section 662
5.3and amendments; and the federal Indian Child Welfare Act under United States Code, title
5.425, section 1901 et seq. At least three members of the board shall be from judicial districts
5.5other than the First, Second, Fourth, and Tenth Judicial Districts. The terms, compensation,
5.6and removal of members shall be as provided in section15.0575 . The Supreme Court shall
5.7appoint members shall elect the chair from among the membership for a term of two years.
5.8 Sec. 6. Minnesota Statutes 2012, section 518.165, subdivision 1, is amended to read:
5.9 Subdivision 1. Permissive appointment of guardian ad litem. In all proceedings
5.10for child custody or for dissolution or legal separation where custody or parenting time
5.11with a minor child is in issue, the court may appoint a guardian ad litemfrom a panel
5.12established by the court to represent the interests of the child. The guardian ad litem shall
5.13advise the court with respect to custody and parenting time.
5.14 Sec. 7. Minnesota Statutes 2012, section 518.165, subdivision 3, is amended to read:
5.15 Subd. 3. Fees. (a)A guardian ad litem appointed under either subdivision 1 or 2
5.16may be appointed either as a volunteer or on a fee basis. If a guardian ad litem is appointed
5.17on a fee basis, the court shall enter an order for costs, fees, and disbursements in favor
5.18of the child's guardian ad litem. The order may be made against either or both parties,
5.19except that any part of the costs, fees, or disbursements which the court finds the parties
5.20are incapable of paying shall be borne by the State Guardian Ad Litem Board.The costs
5.21of court-appointed counsel to the guardian ad litem shall be paid by the State Guardian Ad
5.22Litem Board if a party is incapable of paying for them. In no event may the court order
5.23that costs, fees, or disbursements be paid by a party receiving public assistance or legal
5.24assistance or by a party whose annual income falls below the poverty line as established
5.25under United States Code, title 42, section 9902(2).
5.26(b) In each fiscal year, the commissioner of management and budget shall deposit
5.27guardian ad litem reimbursements in the special revenue fund and credit them to a
5.28separate account with the State Guardian Ad Litem Board. The balance of this account is
5.29appropriated to the State Guardian Ad Litem Board and does not cancel but is available
5.30until expended. Revenue from this account must be spent in the judicial district in which
5.31the reimbursement is collected.
1.3Ad Litem Boardamending Minnesota Statutes 2012, sections 260B.163,
1.4subdivision 6; 260B.331, subdivision 6; 260C.163, subdivision 5; 260C.331,
1.5subdivision 6; 480.35, subdivision 1; 518.165, subdivisions 1, 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 260B.163, subdivision 6, is amended to
1.8read:
1.9 Subd. 6. Guardian ad litem. (a) The court shall appoint a guardian ad litem to
1.10protect the interests of the minor when it appears, at any stage of the proceedings, that the
1.11minor is without a parent or guardian, or that the minor's parent is a minor or incompetent,
1.12or that the parent or guardian is indifferent or hostile to the minor's interests. In any
1.13other case the court may appoint a guardian ad litem to protect the interests of the minor
1.14when the court feels that such an appointment is desirable. The court shall appoint the
1.15guardian ad litem on its own motion or in the manner provided for the appointment of
1.16a guardian ad litem in the district court. The court may appoint separate counsel for the
1.17guardian ad litem if necessary.
1.18(b) A guardian ad litem shall carry out the following responsibilities:
1.19(1) conduct an independent investigation to determine the facts relevant to the
1.20situation of the child and the family, which must include, unless specifically excluded by
1.21the court, reviewing relevant documents; meeting with and observing the child in the
1.22home setting and considering the child's wishes, as appropriate; and interviewing parents,
1.23caregivers, and others with knowledge relevant to the case;
1.24(2) advocate for the child's best interests by participating in appropriate aspects of
1.25the case and advocating for appropriate community services when necessary;
2.1(3) maintain the confidentiality of information related to a case, with the exception
2.2of sharing information as permitted by law to promote cooperative solutions that are
2.3in the best interests of the child;
2.4(4) monitor the child's best interests throughout the judicial proceeding; and
2.5(5) present written reports on the child's best interests that include conclusions and
2.6recommendations and the facts upon which they are based.
2.7(c) The court may waive the appointment of a guardian ad litem pursuant to
2.8paragraph (a), whenever counsel has been appointed pursuant to subdivision 2 or is
2.9retained otherwise, and the court is satisfied that the interests of the minor are protected.
2.10(d) In appointing a guardian ad litem pursuant to paragraph (a), the court shall not
2.11appoint the party
2.13(e) The following factors shall be considered when appointing a guardian ad litem in
2.14a case involving an Indian or minority child:
2.15(1) whether a person is available who is the same racial or ethnic heritage as the
2.16child or, if that is not possible;
2.17(2) whether a person is available who knows and appreciates the child's racial or
2.18ethnic heritage.
2.19(f) The court shall require a background study for each guardian ad litem as provided
2.20under section
2.22 Sec. 2. Minnesota Statutes 2012, section 260B.331, subdivision 6, is amended to read:
2.23 Subd. 6. Guardian ad litem fees. (a) In proceedings in which the court appoints a
2.24guardian ad litem pursuant to section
2.25may inquire into the ability of the parents to pay for the guardian ad litem's services and,
2.26after giving the parents a reasonable opportunity to be heard, may order the parents to
2.27pay guardian ad litem fees.
2.28(b) In each fiscal year, the commissioner of management and budget shall deposit
2.29guardian ad litem reimbursements in the special revenue fund and credit them to a
2.30separate account with the State Guardian Ad Litem Board. The balance of this account is
2.31appropriated to the State Guardian Ad Litem Board and does not cancel but is available
2.32until expended. Revenue from this account must be spent in the judicial district in which
2.33the reimbursement is collected.
2.34 Sec. 3. Minnesota Statutes 2012, section 260C.163, subdivision 5, is amended to read:
3.1 Subd. 5. Guardian ad litem. (a) The court shall appoint a guardian ad litem to
3.2protect the interests of the minor when it appears, at any stage of the proceedings, that the
3.3minor is without a parent or guardian, or that the minor's parent is a minor or incompetent,
3.4or that the parent or guardian is indifferent or hostile to the minor's interests, and in every
3.5proceeding alleging a child's need for protection or services under section
3.6subdivision 6
3.7or habitual truant. In any other case the court may appoint a guardian ad litem to protect
3.8the interests of the minor when the court feels that such an appointment is desirable. The
3.9court shall appoint the guardian ad litem on its own motion or in the manner provided
3.10for the appointment of a guardian ad litem in the district court. The court may appoint
3.11separate counsel for the guardian ad litem if necessary.
3.12(b) A guardian ad litem shall carry out the following responsibilities:
3.13(1) conduct an independent investigation to determine the facts relevant to the
3.14situation of the child and the family, which must include, unless specifically excluded by
3.15the court, reviewing relevant documents; meeting with and observing the child in the
3.16home setting and considering the child's wishes, as appropriate; and interviewing parents,
3.17caregivers, and others with knowledge relevant to the case;
3.18(2) advocate for the child's best interests by participating in appropriate aspects of
3.19the case and advocating for appropriate community services when necessary;
3.20(3) maintain the confidentiality of information related to a case, with the exception
3.21of sharing information as permitted by law to promote cooperative solutions that are
3.22in the best interests of the child;
3.23(4) monitor the child's best interests throughout the judicial proceeding; and
3.24(5) present written reports on the child's best interests that include conclusions and
3.25recommendations and the facts upon which they are based.
3.26(c) Except in cases where the child is alleged to have been abused or neglected,
3.27the court may waive the appointment of a guardian ad litem pursuant to paragraph (a),
3.28whenever counsel has been appointed pursuant to subdivision 2 or is retained otherwise,
3.29and the court is satisfied that the interests of the minor are protected.
3.30(d) In appointing a guardian ad litem pursuant to paragraph (a), the court shall not
3.31appoint the party
3.33(e) The following factors shall be considered when appointing a guardian ad litem in
3.34a case involving an Indian or minority child:
3.35(1) whether a person is available who is the same racial or ethnic heritage as the
3.36child or, if that is not possible;
4.1(2) whether a person is available who knows and appreciates the child's racial or
4.2ethnic heritage.
4.3(f) The court shall require a background study for each guardian ad litem as provided
4.4under section
4.6 Sec. 4. Minnesota Statutes 2012, section 260C.331, subdivision 6, is amended to read:
4.7 Subd. 6. Guardian ad litem fees. (a) In proceedings in which the court appoints a
4.8guardian ad litem pursuant to section
4.9inquire into the ability of the parents to pay for the guardian ad litem's services and,
4.10after giving the parents a reasonable opportunity to be heard, may order the parents to
4.11pay guardian ad litem fees.
4.12(b) In each fiscal year, the commissioner of management and budget shall deposit
4.13guardian ad litem reimbursements in the special revenue fund and credit them to a
4.14separate account with the State Guardian Ad Litem Board. The balance of this account is
4.15appropriated to the State Guardian Ad Litem Board and does not cancel but is available
4.16until expended. Revenue from this account must be spent in the judicial district in which
4.17the reimbursement is collected.
4.18 Sec. 5. Minnesota Statutes 2012, section 480.35, subdivision 1, is amended to read:
4.19 Subdivision 1. Structure; membership. (a) The State Guardian Ad Litem Board is
4.20established in the judicial branch. The board is not subject to the administrative control
4.21of the judiciary. The State Guardian Ad Litem Board shall consist of seven members
4.22including:
4.23(1) three members appointed by the Supreme Court, at least one of whom must have
4.24former guardian ad litem experience, and who include two attorneys admitted to practice
4.25law in the state and one public member; and
4.26(2) four members appointed by the governor.
4.27The appointing authorities may not appoint an active judge to be a member of
4.28the State Guardian Ad Litem Board, but may appoint a retired judge. The appointing
4.29authorities may not appoint a registered lobbyist to be a member of the State Guardian Ad
4.30Litem Board.
4.31(b) All candidates shall demonstrate an interest in maintaining a high quality,
4.32independent guardian ad litem program for the advocacy of the best interests of children
4.33as required in juvenile and family court. The candidates shall be well acquainted with the
4.34guardian ad litem program, as well as laws that affect a guardian ad litem's work, including
5.1the Minnesota Indian Family Preservation Act under sections
5.2federal Multiethnic Placement Act of 1994 under United States Code, title 42, section 662
5.3and amendments; and the federal Indian Child Welfare Act under United States Code, title
5.425, section 1901 et seq. At least three members of the board shall be from judicial districts
5.5other than the First, Second, Fourth, and Tenth Judicial Districts. The terms, compensation,
5.6and removal of members shall be as provided in section
5.7
5.8 Sec. 6. Minnesota Statutes 2012, section 518.165, subdivision 1, is amended to read:
5.9 Subdivision 1. Permissive appointment of guardian ad litem. In all proceedings
5.10for child custody or for dissolution or legal separation where custody or parenting time
5.11with a minor child is in issue, the court may appoint a guardian ad litem
5.12
5.13advise the court with respect to custody and parenting time.
5.14 Sec. 7. Minnesota Statutes 2012, section 518.165, subdivision 3, is amended to read:
5.15 Subd. 3. Fees. (a)
5.16
5.17on a fee basis, the court shall enter an order for costs, fees, and disbursements in favor
5.18of the child's guardian ad litem. The order may be made against either or both parties,
5.19except that any part of the costs, fees, or disbursements which the court finds the parties
5.20are incapable of paying shall be borne by the State Guardian Ad Litem Board.
5.21
5.22
5.23that costs, fees, or disbursements be paid by a party receiving public assistance or legal
5.24assistance or by a party whose annual income falls below the poverty line as established
5.25under United States Code, title 42, section 9902(2).
5.26(b) In each fiscal year, the commissioner of management and budget shall deposit
5.27guardian ad litem reimbursements in the special revenue fund and credit them to a
5.28separate account with the State Guardian Ad Litem Board. The balance of this account is
5.29appropriated to the State Guardian Ad Litem Board and does not cancel but is available
5.30until expended. Revenue from this account must be spent in the judicial district in which
5.31the reimbursement is collected.
