HF 1189

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to courts; guardians ad litem; specifying the 
  1.3             responsibilities of a guardian ad litem in juvenile 
  1.4             and family court; requiring a report by the state 
  1.5             court administrator; amending Minnesota Statutes 1994, 
  1.6             sections 260.155, subdivision 4; and 518.165, by 
  1.7             adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 260.155, 
  1.10  subdivision 4, is amended to read: 
  1.11     Subd. 4.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
  1.12  a guardian ad litem to protect the interests of the minor when 
  1.13  it appears, at any stage of the proceedings, that the minor is 
  1.14  without a parent or guardian, or that the minor's parent is a 
  1.15  minor or incompetent, or that the parent or guardian is 
  1.16  indifferent or hostile to the minor's interests, and in every 
  1.17  proceeding alleging a child's need for protection or services 
  1.18  under section 260.015, subdivision 2a, clauses (1) to (10).  In 
  1.19  any other case the court may appoint a guardian ad litem to 
  1.20  protect the interests of the minor when the court feels that 
  1.21  such an appointment is desirable.  The court shall appoint the 
  1.22  guardian ad litem on its own motion or in the manner provided 
  1.23  for the appointment of a guardian ad litem in the district court.
  1.24     (b) A guardian ad litem shall carry out the following 
  1.25  responsibilities: 
  1.26     (1) conduct an independent investigation to determine the 
  2.1   facts relevant to the situation of the child and the family, 
  2.2   which must include, unless specifically excluded by the court: 
  2.3      (i) reviewing relevant documents; 
  2.4      (ii) as appropriate, meeting regularly with and observing 
  2.5   the child in the home setting and considering the child's 
  2.6   wishes; and 
  2.7      (iii) interviewing parents, caregivers, and others with 
  2.8   knowledge relevant to the case; 
  2.9      (2) advocate for the child's best interests by 
  2.10  participating in appropriate aspects of the case and advocating 
  2.11  for appropriate community services when necessary; 
  2.12     (3) maintain the confidentiality of information related to 
  2.13  a case, with the exception of sharing information as permitted 
  2.14  by law to promote cooperative solutions that are in the best 
  2.15  interests of the child; 
  2.16     (4) monitor the child's best interests throughout the 
  2.17  judicial proceeding; and 
  2.18     (5) present written reports on the child's best interests 
  2.19  that include conclusions and recommendations and the facts upon 
  2.20  which they are based. 
  2.21     (c) The court may waive the appointment of a guardian ad 
  2.22  litem pursuant to clause (a), whenever counsel has been 
  2.23  appointed pursuant to subdivision 2 or is retained otherwise, 
  2.24  and the court is satisfied that the interests of the minor are 
  2.25  protected. 
  2.26     (c) (d) In appointing a guardian ad litem pursuant to 
  2.27  clause (a), the court shall not appoint the party, or any agent 
  2.28  or employee thereof, filing a petition pursuant to section 
  2.29  260.131. 
  2.30     (d) (e) The following factors shall be considered when 
  2.31  appointing a guardian ad litem in a case involving an Indian or 
  2.32  minority child: 
  2.33     (1) whether a person is available who is the same racial or 
  2.34  ethnic heritage as the child or, if that is not possible; 
  2.35     (2) whether a person is available who knows and appreciates 
  2.36  the child's racial or ethnic heritage. 
  3.1      Sec. 2.  Minnesota Statutes 1994, section 518.165, is 
  3.2   amended by adding a subdivision to read: 
  3.3      Subd. 2a.  [RESPONSIBILITIES OF GUARDIAN AD LITEM.] A 
  3.4   guardian ad litem shall carry out the following responsibilities:
  3.5      (1) conduct an independent investigation to determine the 
  3.6   facts relevant to the situation of the child and the family, 
  3.7   which must include, unless specifically excluded by the court: 
  3.8      (i) reviewing relevant documents; 
  3.9      (ii) as appropriate, meeting regularly with and observing 
  3.10  the child in the home setting and considering the child's 
  3.11  wishes; and 
  3.12     (iii) interviewing parents, caregivers, and others with 
  3.13  knowledge relevant to the case; 
  3.14     (2) advocate for the child's best interests by 
  3.15  participating in appropriate aspects of the case and advocating 
  3.16  for appropriate community services when necessary; 
  3.17     (3) maintain the confidentiality of information related to 
  3.18  a case, with the exception of sharing information as permitted 
  3.19  by law to promote cooperative solutions that are in the best 
  3.20  interests of the child; 
  3.21     (4) monitor the child's best interests throughout the 
  3.22  judicial proceeding; and 
  3.23     (5) present written reports on the child's best interests 
  3.24  that include conclusions and recommendations and the facts upon 
  3.25  which they are based. 
  3.26     Sec. 3.  [REPORT.] 
  3.27     The state court administrator shall report to the chairs of 
  3.28  the judiciary committees in the house of representatives and the 
  3.29  senate by February 15, 1996, on the implementation of the 1995 
  3.30  report of the legislative auditor on guardians ad litem.  The 
  3.31  report shall address revision of the guidelines and adoption of 
  3.32  rules to deal with: 
  3.33     (1) guardian ad litem selection, training, evaluation, and 
  3.34  removal; 
  3.35     (2) distinguishing the roles of guardians ad litem and 
  3.36  custody investigators; 
  4.1      (3) developing procedures for guardians ad litem to work 
  4.2   with parents who have an order for protection; 
  4.3      (4) requiring judges to write more detailed appointment 
  4.4   orders defining their expectations of the guardian ad litem 
  4.5   role; 
  4.6      (5) ascertaining and communicating to the court the wishes 
  4.7   of the child regarding matters before the court; 
  4.8      (6) standards for contact between the guardian ad litem and 
  4.9   the child, specifying when limited or no contact with the child 
  4.10  may be appropriate; 
  4.11     (7) developing a procedure for bringing complaints against 
  4.12  a guardian ad litem; and 
  4.13     (8) specifying selection criteria, responsibilities, and 
  4.14  necessary training for a guardian ad litem program coordinator. 
  4.15     The report shall also describe how the supreme court will 
  4.16  educate parents, judges, attorneys, and other professionals 
  4.17  about the purpose and role of guardians ad litem.  
  4.18     In addressing the revision of the guidelines and adoption 
  4.19  of rules, the supreme court is requested to consult with 
  4.20  interest groups, advocacy groups, and the public.