HF 2990

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:29pm

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 ad litem; 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 State Guardian Ad Litem Board. The balance of this account
1.24is appropriated to the trial courts State Guardian Ad Litem Board and does not cancel but
1.25is available until expended. Expenditures by the state court administrator's office Revenue
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 spent in the judicial district
2.3in which the reimbursement is collected.

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 State Guardian Ad Litem Board. The balance of this account
2.13is appropriated to the trial courts State Guardian Ad Litem Board and does not cancel but
2.14is available until expended. Expenditures by the state court administrator's office Revenue
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 spent in the judicial district
2.17in which the reimbursement is collected.

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 Guardian Ad Litem Board shall pay for guardian ad litem expenses
2.32and reasonable compensation for an attorney to serve as counsel for a guardian ad litem, if
2.33necessary.

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 State Guardian Ad Litem Board. The balance of this account
3.10is appropriated to the trial courts State Guardian Ad Litem Board and does not cancel but
3.11is available until expended. Expenditures by the state court administrator's office Revenue
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 spent in the judicial district
3.14in which the reimbursement is collected.

3.15    Sec. 5. [480.35] STATE GUARDIAN AD LITEM BOARD.
3.16    Subdivision 1. Structure; membership. (a) The State Guardian Ad Litem Board is
3.17established in the judicial branch. The board is not subject to the administrative control
3.18of the judiciary. The State Guardian Ad Litem Board shall consist of seven members
3.19including:
3.20(1) three members appointed by the Supreme Court who include two attorneys
3.21admitted to practice law in the state and one public member; and
3.22(2) four members appointed by the governor.
3.23The appointing authorities may not appoint an active judge to be a member of the
3.24State Guardian Ad Litem Board, but may appoint a retired judge.
3.25(b) All candidates shall demonstrate an interest in maintaining a high quality,
3.26independent guardian ad litem program for the advocacy of the best interests of children
3.27as required in juvenile and family court. The candidates shall be well acquainted with the
3.28guardian ad litem program, as well as laws that affect a guardian ad litem's work, including
3.29the Minnesota Indian Family Preservation Act under sections 260.751 to 260.835; the
3.30federal Multiethnic Placement Act of 1994 under United States Code, title 42, section 662
3.31and amendments; and the federal Indian Child Welfare Act under United States Code,
3.32title 25, section 1901 et seq. At least three members of the board shall be from judicial
3.33districts other than the First, Second, Fourth, and Tenth Judicial Districts. The terms,
3.34compensation, and removal of members shall be as provided in section 15.0575. The
3.35Supreme Court shall appoint the chair from among the membership for a term of two years.
4.1    Subd. 2. Duties and responsibilities. (a) The State Guardian Ad Litem Board shall
4.2create and administer a statewide, independent guardian ad litem program to advocate for
4.3the best interests of children, minor parents, and incompetent adults in juvenile and family
4.4court cases as defined in Rule 901.01 of the Rules of Guardian Ad Litem Procedure in
4.5Juvenile and Family Court matters.
4.6(b) The board shall:
4.7(1) approve and recommend to the legislature a budget for the board and the
4.8guardian ad litem program;
4.9(2) establish procedures for distribution of funding under this section to the guardian
4.10ad litem program; and
4.11(3) establish guardian ad litem program standards, administrative policies,
4.12procedures, and rules consistent with statute, rules of court, and laws that affect a guardian
4.13ad litem's work, including the Minnesota Indian Family Preservation Act under sections
4.14260.751 to 260.835; the federal Multiethnic Placement Act of 1994 under United States
4.15Code, title 42, section 662 and amendments; and the federal Indian Child Welfare Act
4.16under United States Code, title 25, section 1901 et seq.
4.17(c) The board may:
4.18(1) adopt standards, policies, or procedures necessary to ensure quality advocacy
4.19for the best interests of children;
4.20(2) propose statutory changes to the legislature and rule changes to the Supreme
4.21Court that are in the best interests of children and the operation of the guardian ad litem
4.22program; and
4.23(3) appoint an advisory committee to make recommendations to assist the board in
4.24its duties and to report to the board on issues related to the guardian ad litem program.
4.25The advisory committee shall be subject to the provisions of section 15.059 and shall
4.26expire on June 30, 2014.
4.27    Subd. 3. State guardian ad litem program administrator. The State Guardian
4.28Ad Litem Board shall appoint a program administrator who serves at the pleasure of the
4.29board. The program administrator is not required to be licensed to practice law. The
4.30program administrator shall attend all meetings of the board, but may not vote, and shall:
4.31(1) carry out all administrative functions necessary for the efficient and effective
4.32operation of the board and the guardian ad litem program, including but not limited to
4.33hiring, supervising, and disciplining program staff and guardians ad litem;
4.34(2) implement, as necessary, resolutions, standards, rules, regulations, and policies
4.35of the board;
5.1(3) keep the board fully advised as to its financial condition, and prepare and submit
5.2to the board the annual guardian ad litem program and State Guardian Ad Litem Board
5.3budget and other financial information as requested by the board;
5.4(4) recommend to the board the adoption of rules and regulations necessary for the
5.5efficient operation of the board and the state guardian ad litem program; and
5.6(5) perform other duties prescribed by the board.
5.7    Subd. 4. Administration. The board may contract with the Office of State Court
5.8Administrator for administrative support services for the fiscal years following fiscal
5.9year 2011.
5.10    Subd. 5. Benefits. Any guardian ad litem employee who transferred to state
5.11employment on or before July 1, 2005, may retain county benefits elected under section
5.12480.181.
5.13    Subd. 6. Access to records. Access to records of the state guardian ad litem program
5.14is subject to the Rules of Public Access for Records of the Judicial Branch. The State
5.15Guardian Ad Litem Board may propose amendments for Supreme Court consideration.
5.16    Subd. 7. Fees and costs; civil actions on contested case. Sections 15.039 and
5.1715.471 to 15.474 apply to the State Guardian Ad Litem Board.

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 Guardian Ad Litem Board. 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 State Guardian Ad Litem Board 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 State Guardian Ad Litem Board. The balance of this account
6.2is appropriated to the trial courts State Guardian Ad Litem Board and does not cancel but
6.3is available until expended. Expenditures by the state court administrator's office Revenue
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 spent in the judicial district
6.6in which the reimbursement is collected.

6.7    Sec. 7. TRANSITION.
6.8The State Guardian Ad Litem Board shall be established by October 1, 2010. The
6.9state guardian ad litem program administrator shall be appointed according to Minnesota
6.10Statutes, section 480.35, and the operational structure of the board and guardian ad litem
6.11program shall be established during fiscal year 2011. During fiscal year 2011, the state
6.12court administrator and judicial district offices shall continue to provide administrative
6.13support and management oversight services and may authorize program expenditures until
6.14the board is established and thereafter, as requested by the State Guardian Ad Litem
6.15Board. Existing judicial branch policies for guardians ad litem shall apply until those
6.16policies are replaced by policies of the State Guardian Ad Litem Board.

6.17    Sec. 8. FUNDING; TRANSFER.
6.18(a) All guardian ad litem reimbursement account balances on June 30, 2010, shall be
6.19transferred to the State Guardian Ad Litem Board from the trial courts and are appropriated
6.20to the State Guardian Ad Litem Board for the provision of guardian ad litem services.
6.21(b) The appropriation to the State Guardian Ad Litem Board for costs associated
6.22with the establishment of the board and operation of the guardian ad litem program in
6.23fiscal year 2011 shall be paid for by a transfer of $....... from the trial court appropriation
6.24for the guardian ad litem program. Thereafter, the legislature shall appropriate money to
6.25the State Guardian Ad Litem Board for the purpose of payment of all financial obligations
6.26of the board and guardian ad litem program.

6.27    Sec. 9. EFFECTIVE DATE.
6.28Sections 1 to 8 are effective July 1, 2010.