HF 2990

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:29 p.m.

1.1A bill for an act 1.2relating to guardians ad litem; establishing the State Guardian Ad Litem Board; 1.3appropriating money;amending Minnesota Statutes 2008, sections 257.69, 1.4subdivision 2; 260B.331, subdivision 6; 260C.331, subdivisions 3, 6; 518.165, 1.5subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 480. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7    Section 1. Minnesota Statutes 2008, section 257.69, subdivision 2, is amended to read: 1.8    Subd. 2. Guardian new text begin ad litem new text end ; legal fees. (a) The court may order expert witness 1.9and guardian ad litem fees and other costs of the trial and pretrial proceedings, including 1.10appropriate tests, to be paid by the parties in proportions and at times determined by the 1.11court. The court shall require a party to pay part of the fees of court-appointed counsel 1.12according to the party's ability to pay, but if counsel has been appointed the appropriate 1.13agency shall pay the party's proportion of all other fees and costs. The agency responsible 1.14for child support enforcement shall pay the fees and costs for blood or genetic tests in a 1.15proceeding in which it is a party, is the real party in interest, or is acting on behalf of the 1.16child. However, at the close of a proceeding in which paternity has been established under 1.17sections 257.51 to 257.74, the court shall order the adjudicated father to reimburse the 1.18public agency, if the court finds he has sufficient resources to pay the costs of the blood or 1.19genetic tests. When a party bringing an action is represented by the county attorney, no 1.20filing fee shall be paid to the court administrator. 1.21(b) In each fiscal year, the commissioner of management and budget shall deposit 1.22guardian ad litem reimbursements in the general fund and credit them to a separate 1.23account with the trial courts new text begin State Guardian Ad Litem Board new text end . The balance of this account 1.24is appropriated to the trial courts new text begin State Guardian Ad Litem Board new text end and does not cancel but 1.25is available until expended. Expenditures by the state court administrator's office new text begin Revenue new text end 2.1from this account must be based on the amount of the guardian ad litem reimbursements 2.2received by the state from the courts in each judicial district new text begin spent in the judicial district new text end 2.3 new text begin in which the reimbursement is collected new text end . 2.4    Sec. 2. Minnesota Statutes 2008, section 260B.331, subdivision 6, is amended to read: 2.5    Subd. 6. Guardian ad litem fees. (a) In proceedings in which the court appoints a 2.6guardian ad litem pursuant to section 260B.163, subdivision 6, paragraph (a), the court 2.7may inquire into the ability of the parents to pay for the guardian ad litem's services and, 2.8after giving the parents a reasonable opportunity to be heard, may order the parents to 2.9pay guardian fees. 2.10(b) In each fiscal year, the commissioner of management and budget shall deposit 2.11guardian ad litem reimbursements in the general fund and credit them to a separate 2.12account with the trial courts new text begin State Guardian Ad Litem Board new text end . The balance of this account 2.13is appropriated to the trial courts new text begin State Guardian Ad Litem Board new text end and does not cancel but 2.14is available until expended. Expenditures by the state court administrator's office new text begin Revenue new text end 2.15from this account must be based on the amount of the guardian ad litem reimbursements 2.16received by the state from the courts in each judicial district new text begin spent in the judicial district new text end 2.17 new text begin in which the reimbursement is collected new text end . 2.18    Sec. 3. Minnesota Statutes 2008, section 260C.331, subdivision 3, is amended to read: 2.19    Subd. 3. Court expenses. The following expenses are a charge upon the county 2.20in which proceedings are held upon certification of the judge of juvenile court or upon 2.21such other authorization provided by law: 2.22(1) the fees and mileage of witnesses, and the expenses and mileage of officers 2.23serving notices and subpoenas ordered by the court, as prescribed by law; 2.24(2) the expense of transporting a child to a place designated by a child-placing agency 2.25for the care of the child if the court transfers legal custody to a child-placing agency; 2.26(3) the expense of transporting a minor to a place designated by the court; 2.27(4) reasonable compensation for an attorney appointed by the court to serve as 2.28counsel, except in the Eighth Judicial District where the state courts shall pay for counsel 2.29to a guardian ad litem until the recommendations of the task force created in Laws 1999, 2.30chapter 216, article 7, section 42, are implemented. 2.31The State courts new text begin Guardian Ad Litem Board new text end shall pay for guardian ad litem expenses new text begin new text end 2.32 new text begin and reasonable compensation for an attorney to serve as counsel for a guardian ad litem, if new text end 2.33 new text begin necessary new text end . 3.1    Sec. 4. Minnesota Statutes 2008, section 260C.331, subdivision 6, is amended to read: 3.2    Subd. 6. Guardian ad litem fees. (a) In proceedings in which the court appoints a 3.3guardian ad litem pursuant to section 260C.163, subdivision 5, clause (a), the court may 3.4inquire into the ability of the parents to pay for the guardian ad litem's services and, 3.5after giving the parents a reasonable opportunity to be heard, may order the parents to 3.6pay guardian fees. 3.7(b) In each fiscal year, the commissioner of management and budget shall deposit 3.8guardian ad litem reimbursements in the general fund and credit them to a separate 3.9account with the trial courts new text begin State Guardian Ad Litem Board new text end . The balance of this account 3.10is appropriated to the trial courts new text begin State Guardian Ad Litem Board new text end and does not cancel but 3.11is available until expended. Expenditures by the state court administrator's office new text begin Revenue new text end 3.12from this account must be based on the amount of the guardian ad litem reimbursements 3.13received by the state from the courts in each judicial district new text begin spent in the judicial district new text end 3.14 new text begin in which the reimbursement is collected new text end . 3.15    Sec. 5. new text begin [480.35] STATE GUARDIAN AD LITEM BOARD. new text end 3.16     new text begin Subdivision 1. new text end new text begin Structure; membership. new text end new text begin (a) The State Guardian Ad Litem Board is new text end 3.17 new text begin established in the judicial branch. The board is not subject to the administrative control new text end 3.18 new text begin of the judiciary. The State Guardian Ad Litem Board shall consist of seven members new text end 3.19 new text begin including: new text end 3.20 new text begin (1) three members appointed by the Supreme Court who include two attorneys new text end 3.21 new text begin admitted to practice law in the state and one public member; and new text end 3.22 new text begin (2) four members appointed by the governor. new text end 3.23 new text begin The appointing authorities may not appoint an active judge to be a member of the new text end 3.24 new text begin State Guardian Ad Litem Board, but may appoint a retired judge. new text end 3.25 new text begin (b) All candidates shall demonstrate an interest in maintaining a high quality, new text end 3.26 new text begin independent guardian ad litem program for the advocacy of the best interests of children new text end 3.27 new text begin as required in juvenile and family court. The candidates shall be well acquainted with the new text end 3.28 new text begin guardian ad litem program, as well as laws that affect a guardian ad litem's work, including new text end 3.29 new text begin the Minnesota Indian Family Preservation Act under sections 260.751 to 260.835; the new text end 3.30 new text begin federal Multiethnic Placement Act of 1994 under United States Code, title 42, section 662 new text end 3.31 new text begin and amendments; and the federal Indian Child Welfare Act under United States Code, new text end 3.32 new text begin title 25, section 1901 et seq. At least three members of the board shall be from judicial new text end 3.33 new text begin districts other than the First, Second, Fourth, and Tenth Judicial Districts. The terms, new text end 3.34 new text begin compensation, and removal of members shall be as provided in section 15.0575. The new text end 3.35 new text begin Supreme Court shall appoint the chair from among the membership for a term of two years. new text end 4.1     new text begin Subd. 2. new text end new text begin Duties and responsibilities. new text end new text begin (a) The State Guardian Ad Litem Board shall new text end 4.2 new text begin create and administer a statewide, independent guardian ad litem program to advocate for new text end 4.3 new text begin the best interests of children, minor parents, and incompetent adults in juvenile and family new text end 4.4 new text begin court cases as defined in Rule 901.01 of the Rules of Guardian Ad Litem Procedure in new text end 4.5 new text begin Juvenile and Family Court matters. new text end 4.6 new text begin (b) The board shall: new text end 4.7 new text begin (1) approve and recommend to the legislature a budget for the board and the new text end 4.8 new text begin guardian ad litem program; new text end 4.9 new text begin (2) establish procedures for distribution of funding under this section to the guardian new text end 4.10 new text begin ad litem program; and new text end 4.11 new text begin (3) establish guardian ad litem program standards, administrative policies, new text end 4.12 new text begin procedures, and rules consistent with statute, rules of court, and laws that affect a guardian new text end 4.13 new text begin ad litem's work, including the Minnesota Indian Family Preservation Act under sections new text end 4.14 new text begin 260.751 to 260.835; the federal Multiethnic Placement Act of 1994 under United States new text end 4.15 new text begin Code, title 42, section 662 and amendments; and the federal Indian Child Welfare Act new text end 4.16 new text begin under United States Code, title 25, section 1901 et seq. new text end 4.17 new text begin (c) The board may: new text end 4.18 new text begin (1) adopt standards, policies, or procedures necessary to ensure quality advocacy new text end 4.19 new text begin for the best interests of children; new text end 4.20 new text begin (2) propose statutory changes to the legislature and rule changes to the Supreme new text end 4.21 new text begin Court that are in the best interests of children and the operation of the guardian ad litem new text end 4.22 new text begin program; and new text end 4.23 new text begin (3) appoint an advisory committee to make recommendations to assist the board in new text end 4.24 new text begin its duties and to report to the board on issues related to the guardian ad litem program. new text end 4.25 new text begin The advisory committee shall be subject to the provisions of section 15.059 and shall new text end 4.26 new text begin expire on June 30, 2014. new text end 4.27     new text begin Subd. 3. new text end new text begin State guardian ad litem program administrator. new text end new text begin The State Guardian new text end 4.28 new text begin Ad Litem Board shall appoint a program administrator who serves at the pleasure of the new text end 4.29 new text begin board. The program administrator is not required to be licensed to practice law. The new text end 4.30 new text begin program administrator shall attend all meetings of the board, but may not vote, and shall: new text end 4.31 new text begin (1) carry out all administrative functions necessary for the efficient and effective new text end 4.32 new text begin operation of the board and the guardian ad litem program, including but not limited to new text end 4.33 new text begin hiring, supervising, and disciplining program staff and guardians ad litem; new text end 4.34 new text begin (2) implement, as necessary, resolutions, standards, rules, regulations, and policies new text end 4.35 new text begin of the board; new text end 5.1 new text begin (3) keep the board fully advised as to its financial condition, and prepare and submit new text end 5.2 new text begin to the board the annual guardian ad litem program and State Guardian Ad Litem Board new text end 5.3 new text begin budget and other financial information as requested by the board; new text end 5.4 new text begin (4) recommend to the board the adoption of rules and regulations necessary for the new text end 5.5 new text begin efficient operation of the board and the state guardian ad litem program; and new text end 5.6 new text begin (5) perform other duties prescribed by the board. new text end 5.7     new text begin Subd. 4. new text end new text begin Administration. new text end new text begin The board may contract with the Office of State Court new text end 5.8 new text begin Administrator for administrative support services for the fiscal years following fiscal new text end 5.9 new text begin year 2011. new text end 5.10     new text begin Subd. 5. new text end new text begin Benefits. new text end new text begin Any guardian ad litem employee who transferred to state new text end 5.11 new text begin employment on or before July 1, 2005, may retain county benefits elected under section new text end 5.12 new text begin 480.181. new text end 5.13     new text begin Subd. 6. new text end new text begin Access to records. new text end new text begin Access to records of the state guardian ad litem program new text end 5.14 new text begin is subject to the Rules of Public Access for Records of the Judicial Branch. The State new text end 5.15 new text begin Guardian Ad Litem Board may propose amendments for Supreme Court consideration. new text end 5.16     new text begin Subd. 7. new text end new text begin Fees and costs; civil actions on contested case. new text end new text begin Sections 15.039 and new text end 5.17 new text begin 15.471 to 15.474 apply to the State Guardian Ad Litem Board. new text end 5.18    Sec. 6. Minnesota Statutes 2008, section 518.165, subdivision 3, is amended to read: 5.19    Subd. 3. Fees. (a) A guardian ad litem appointed under either subdivision 1 or 2 5.20may be appointed either as a volunteer or on a fee basis. If a guardian ad litem is appointed 5.21on a fee basis, the court shall enter an order for costs, fees, and disbursements in favor 5.22of the child's guardian ad litem. The order may be made against either or both parties, 5.23except that any part of the costs, fees, or disbursements which the court finds the parties 5.24are incapable of paying shall be borne by the State courts new text begin Guardian Ad Litem Board new text end . The 5.25costs of court-appointed counsel to the guardian ad litem shall be paid by the county in 5.26which the proceeding is being held new text begin State Guardian Ad Litem Board new text end if a party is incapable 5.27of paying for them. Until the recommendations of the task force created in Laws 1999, 5.28chapter 216, article 7, section 42, are implemented, the costs of court-appointed counsel 5.29to a guardian ad litem in the Eighth Judicial District shall be paid by the state courts if a 5.30party is incapable of paying for them. In no event may the court order that costs, fees, or 5.31disbursements be paid by a party receiving public assistance or legal assistance or by a 5.32party whose annual income falls below the poverty line as established under United States 5.33Code, title 42, section 9902(2). 5.34(b) In each fiscal year, the commissioner of management and budget shall deposit 5.35guardian ad litem reimbursements in the general fund and credit them to a separate 6.1account with the trial courts new text begin State Guardian Ad Litem Board new text end . The balance of this account 6.2is appropriated to the trial courts new text begin State Guardian Ad Litem Board new text end and does not cancel but 6.3is available until expended. Expenditures by the state court administrator's office new text begin Revenue new text end 6.4from this account must be based on the amount of the guardian ad litem reimbursements 6.5received by the state from the courts in each judicial district new text begin spent in the judicial district new text end 6.6 new text begin in which the reimbursement is collected new text end . 6.7    Sec. 7. new text begin TRANSITION. new text end 6.8 new text begin The State Guardian Ad Litem Board shall be established by October 1, 2010. The new text end 6.9 new text begin state guardian ad litem program administrator shall be appointed according to Minnesota new text end 6.10 new text begin Statutes, section 480.35, and the operational structure of the board and guardian ad litem new text end 6.11 new text begin program shall be established during fiscal year 2011. During fiscal year 2011, the state new text end 6.12 new text begin court administrator and judicial district offices shall continue to provide administrative new text end 6.13 new text begin support and management oversight services and may authorize program expenditures until new text end 6.14 new text begin the board is established and thereafter, as requested by the State Guardian Ad Litem new text end 6.15 new text begin Board. Existing judicial branch policies for guardians ad litem shall apply until those new text end 6.16 new text begin policies are replaced by policies of the State Guardian Ad Litem Board. new text end 6.17    Sec. 8. new text begin FUNDING; TRANSFER. new text end 6.18 new text begin (a) All guardian ad litem reimbursement account balances on June 30, 2010, shall be new text end 6.19 new text begin transferred to the State Guardian Ad Litem Board from the trial courts and are appropriated new text end 6.20 new text begin to the State Guardian Ad Litem Board for the provision of guardian ad litem services. new text end 6.21 new text begin (b) The appropriation to the State Guardian Ad Litem Board for costs associated new text end 6.22 new text begin with the establishment of the board and operation of the guardian ad litem program in new text end 6.23 new text begin fiscal year 2011 shall be paid for by a transfer of $....... from the trial court appropriation new text end 6.24 new text begin for the guardian ad litem program. Thereafter, the legislature shall appropriate money to new text end 6.25 new text begin the State Guardian Ad Litem Board for the purpose of payment of all financial obligations new text end 6.26 new text begin of the board and guardian ad litem program. new text end 6.27    Sec. 9. new text begin EFFECTIVE DATE. new text end 6.28 new text begin Sections 1 to 8 are effective July 1, 2010. new text end