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Amendment H-8168 to HF 2580
Relating to legal representation for children who are placed in, or may be placed in, foster care
Never voted on
Filed March 6, 2024 in the House by
What it changes
AI summary This amendment allows one person to serve as both a child's lawyer and their guardian ad litem if the child is under ten years old, unless a court decides a separate person is needed. It also requires the court to appoint a lawyer once a child turns ten and adds specific reporting requirements for when one person holds both roles.1
Read the amendment’s wording
- Page 2, by striking lines 1 through 7 and inserting: “
- a. If a child is under the age of ten, the same person may serve as the child’s counsel and the child’s guardian ad litem. A court may appoint a separate guardian ad litem if the court finds that the same person cannot adequately represent the child as the child’s counsel while advocating for the best interests of the child as guardian ad litem in accordance with section 232.2, subsection 25, paragraph “e” . If a child’s guardian ad litem is also acting as the child’s counsel, each report submitted to a court by the guardian ad litem shall contain a statement indicating whether a separate guardian ad litem is required based on the child’s age or the guardian ad litem’s interviews and investigations conducted up to the time the report is submitted to the court. b. If a child attains ten years of age while represented by a guardian ad litem pursuant to this section, the court shall enter an order discharging the guardian ad litem and appoint counsel for the child pursuant to the provisions of this section. A court may appoint a guardian ad litem discharged pursuant to this subsection as counsel for the child if the person can properly represent the legal interests of the child.”
- Page 2, line 9, by striking “subsection:” and inserting “subsections:”
- Page 2, line 10, by striking “The” and inserting “If a child remains in foster care after the matter which caused the child to be placed in foster care has resolved, the”
- By striking page 3, line 32, through page 4, line 4, and inserting: “NEW SUBSECTION .
- a. If a child is under the age of ten, the same person may serve as the child’s counsel and the child’s guardian ad litem. A court may appoint a separate guardian ad litem if the court finds that the same person cannot adequately represent the child as the child’s counsel while advocating for the best interests of the child as guardian ad litem in accordance with section 232.2, subsection 25, paragraph “e” . If a child’s guardian ad litem is also acting as the child’s counsel, each report submitted to a court by the guardian ad litem shall contain a statement indicating whether a separate guardian ad litem is required based on the child’s age or the guardian ad litem’s interviews and investigations conducted up to the time the report is submitted to the court. b. If a child attains ten years of age while represented by a guardian ad litem pursuant to this section, the court shall enter an order discharging the guardian ad litem and appoint counsel for the child pursuant to the provisions of this section. A court may appoint a guardian ad litem discharged pursuant to this subsection as counsel for the child if the person can properly represent the legal interests of the child.”
- Page 4, line 5, by striking “The” and inserting “If a child remains in foster care after the matter which caused the child to be placed in foster care has resolved, the”
- Page 5, by striking lines 27 through 34 and inserting: “NEW SUBSECTION .
- a. If a child is under the age of ten, the same person may serve as the child’s counsel and the child’s guardian ad litem. A court may appoint a separate guardian ad litem if the court finds that the same person cannot adequately represent the child as the child’s counsel while advocating for the best interests of the child as guardian ad litem in accordance with section 232.2, subsection 25, paragraph “e” . If a child’s guardian ad litem is also acting as the child’s counsel, each report submitted to a court by the guardian ad litem shall contain a statement indicating whether a separate guardian ad litem is required based on the child’s age or the guardian ad litem’s interviews and investigations conducted up to the time the report is submitted to the court. b. If a child attains ten years of age while represented by a guardian ad litem pursuant to this section, the court shall enter an order discharging the guardian ad litem and appoint counsel for the child pursuant to the provisions of this section. A court may appoint a guardian ad litem discharged pursuant to this subsection as counsel for the child if the person can properly represent the legal interests of the child.”
- Page 5, line 35, by striking “The” and inserting “If a child remains in foster care after the matter which caused the child to be placed in foster care has resolved, the”