Introduced

SB 801 - This act modifies provisions relating to guardians ad litem in cases involving child abuse and neglect and juvenile officers.

Current law requires courts to appoint a guardian ad litem for a child in certain child abuse and neglect cases, including when a child is under the jurisdiction of the juvenile court for reasons relating to the abuse or neglect or if abuse or neglect has been alleged in a custody proceeding. In other cases not involving abuse or neglect, the court may, in its discretion, appoint a guardian ad litem to represent the best interests of the child in that proceeding.

This act repeals provisions relating to the appointment of a guardian ad litem when a child is under the jurisdiction of the juvenile court for reasons relating to abuse or neglect of the child. In such cases, the court shall appoint an attorney for the child prior to the first hearing who shall represent the child in all proceedings, including appeal, during the pendency of the case. The attorney shall not represent the child and the parents or guardians. Right to representation by counsel in such cases shall not be waived by the child.

In cases involving custody, including separation, dissolution of marriage, or paternity cases, appointment of a guardian ad litem in cases where child abuse or neglect has been alleged shall only occur if the alleged abuse or neglect has been reported to the Children's Division.

Currently, juvenile officers and juvenile officer support staff are employees of the courts, with salaries and benefits paid by the state and various counties. Under this act, the juvenile officers and support staff shall be employees of the Attorney General beginning July 1, 2027, with salaries and benefits paid by the state. Those juvenile officers and support staff serving in that capacity prior to July 1, 2027, shall continue to serve as such on July 1, 2027, at the pleasure of the Attorney General.

This act has a delayed effective date for certain provisions.

SARAH HASKINS


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