Bill Text: WV SB621 | 2024 | Regular Session | Introduced
Bill Title: Removing discretion of court to issue written investigation for proceedings
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-02 - To Judiciary [SB621 Detail]
Download: West_Virginia-2024-SB621-Introduced.html
WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced
Senate Bill 621
By Senator Azinger
[Introduced February 2, 2024; referred
to the Committee on the Judiciary]
Be it enacted by the Legislature of West Virginia:
ARTICLE 9. ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY OF CHILDREN.
PART 3. FACT FINDING.
§48-9-301. Court-ordered investigation.
[Repealed.]
§48-9-302. Appointment of guardian.
(a) In its discretion, the court may appoint a guardian ad litem to represent the child's best interests. The court shall specify the terms of the appointment, including the guardian's role, duties and scope of authority.
(b) In its discretion, the court may appoint a lawyer to represent the child, if the child is competent to direct the terms of the representation and court has a reasonable basis for finding that the appointment would be helpful in resolving the issues of the case. The court shall specify the terms of the appointment, including the lawyer's role, duties and scope of authority.
(d) Subject to whatever restrictions the court may impose or that may be imposed by the attorney-client privilege or by subsection 9-202(d), the court may require the child or parent to provide information to an individual or agency appointed by the court under section 9-301 or subsection (a) or (b) of this section, and it may require any person having information about the child or parent to provide that information, even in the absence of consent by a parent or by the child, except if the information is otherwise protected by law.
(e) The investigator who submits a report or evidence to the court that has been requested under section 9-301 and a guardian ad litem appointed under subsection (a) of this section who submits information or recommendations to the court are subject to cross-examination by the parties. A lawyer appointed under subsection (b) of this section may not be a witness in the proceedings, except as allowed under standards applicable in other civil proceedings.
(f) Services and tests ordered under this section shall be ordered only if at no cost to the individuals involved, or at a cost that is reasonable in light of the available financial resources.
NOTE: The purpose of this bill is to remove the procedure for the court to conduct written investigations into proceedings under Article 9, to ensure that the West Virginia judiciary remains neutral and detached in all matters pending before any court of this state, and to ensure that the West Virginia judiciary does not in any way initiate or participate in investigations or other activities properly reserved to the executive consistent with the separation of powers required under Article V, Section 1, of the Constitution of the State of West Virginia.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.