The bill amends the West Virginia Code to improve the compensation and qualifications for Guardians Ad Litem and panel attorneys involved in child abuse or neglect cases. It establishes new compensation rates, increasing out-of-court compensation to $105 per hour and in-court compensation to $125 per hour for panel attorneys. Additionally, it requires that appointed guardians ad litem complete all necessary continuing education to effectively represent children's interests. The bill also sets forth procedures for minor settlement proceedings, mandating a verified petition in circuit court that includes details about the minor, the nature of the injury, and the proposed distribution of settlement proceeds, with the guardian ad litem playing a crucial role in assessing the settlement's alignment with the minor's best interests.
Moreover, the bill introduces amendments regarding the release of claims for minors and the management of settlement proceeds. It specifies that guardians ad litem should be reimbursed for actual expenses and compensated at a rate of $200 per hour. The bill also outlines the court's responsibilities in approving settlements and managing funds for minors until they reach adulthood. To ensure attorneys are well-equipped to handle child welfare cases, it mandates a minimum of eight hours of continuing legal education on child abuse and neglect procedures, along with specific training approved by the Supreme Court of Appeals. Overall, the bill aims to strengthen the legal framework for child welfare cases, enhancing protections for minors and streamlining legal processes.
Statutes affected: Introduced Version: 29-21-13a, 44-10-14, 49-4-601