The proposed bill would amend current statutes regarding the appointment of professional personnel in family court cases related to legal decision-making and parenting time. It introduces several new requirements, including the necessity for the court to hold an evidentiary hearing before appointing any professional personnel. During this hearing, the court must identify the personnel, specify their duties, and assess the financial capabilities of each parent to cover associated fees. Additionally, parents will have the opportunity to conduct discovery and take depositions of the proposed personnel prior to the hearing.
Furthermore, the bill mandates that appointed personnel record all interactions with parents or children and prohibits them from claiming qualified immunity during their appointment. It also requires the court to provide detailed written information to both parents after the appointment, including any objections raised, the scope of the personnel's duties, and the factors considered in fee apportionment. Parents are granted the right to bring civil actions against personnel for ethical deviations, with a four-year statute of limitations for such actions. Overall, these changes aim to enhance transparency and accountability in the appointment of professional personnel in family court proceedings.
Statutes affected: Introduced Version: 25-405