Bill Text: WV HB2952 | 2021 | Regular Session | Introduced
Bill Title: Ensure that persons appointed as guardians ad litem in divorce and child custody and parenting cases are properly trained in certified courses of instruction with curricula grounded in the social science bases for determining the best interests of the child
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-05 - To House Judiciary [HB2952 Detail]
Download: West_Virginia-2021-HB2952-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
House Bill 2952
By Delegate Foster
[Introduced March 02, 2021; Referred to the Committee on Energy and Manufacturing then the Judiciary]
A BILL to amend and reenact §48-9-302 of the Code of West Virginia, 1931, as amended, relating to ensure that persons appointed as guardians ad litem in divorce and child custody and parenting cases are properly trained in certified courses of instruction with curricula grounded in the social science bases for determining the best interests of the child with regard to custodial responsibility, decision-making responsibility and parenting time.
Be it enacted by the Legislature of West Virginia:
ARTICLE 9. ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY OF CHILDREN.
§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 all cases involving allocation of custodial responsibility, decision-making responsibility and parenting time where the court appoints a guardian ad litem to represent the child’s best interests, such guardian ad litem, prior to appointment by the court, must:
(i) Have completed a course of instruction with curricula grounded in the social science bases for determining the best interests of the child approved by the National Parenting Organization; and
(ii) Be certified by examination of the National Parenting Organization for competence and understanding of the social science bases for determining the best interests of the child in cases involving allocation of custodial responsibility, decision-making responsibility and parenting time.
(c) The West Virginia Supreme Court of Appeals shall create and establish a budget to ensure the swift, full and efficacious implementation of this guardian ad litem training and certification program in every court of the State of West Virginia.
(b)(d) 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.
(c)(e) When
substantial allegations of domestic abuse have been made, the court shall order
an investigation under section 9-301 or make an appointment under subsection
(a) or (b) of this section, unless the court is satisfied that the information
necessary to evaluate the allegations will be adequately presented to the court
without such order or appointment.
(d)(f) 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), (b) or (b)(d)
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)(g) 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)(h) 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: Provided, That all guardian ad litem
training and certification set forth in §48-9-302(b) of this code shall be born by the budgets
of the courts of the State of West Virginia.
NOTE: The purpose of this bill is to ensure that persons appointed as guardians ad litem in divorce and child custody and parenting cases are properly trained in certified courses of instruction with curricula grounded in the social science bases for determining the best interests of the child with regard to custodial responsibility, decision-making responsibility and parenting time.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.