The bill amends the West Virginia Code to enhance the requirements and compensation for guardians ad litem, particularly in minor settlement proceedings. It mandates that guardians ad litem complete necessary continuing education before their appointment, ensuring they are well-prepared to represent minors. Upon the filing of a petition for a minor's settlement, the court is required to appoint a guardian ad litem who has met these educational standards. The guardian ad litem is responsible for reviewing the case facts and providing an opinion on whether the proposed settlement serves the minor's best interests. Additionally, the bill introduces provisions for the reimbursement of actual and necessary expenses incurred by guardians ad litem, along with a compensation rate of $200 per hour for their legal services.

Moreover, the bill revises compensation rates for panel attorneys serving as guardians ad litem in child abuse or neglect cases, establishing higher rates for both out-of-court and in-court work. It outlines the procedures for submitting payment vouchers, prioritizing those related to child abuse and neglect cases for processing. The bill also enhances the procedural framework for minor settlements by detailing the court's responsibilities in approving settlements, managing proceeds, and appointing conservators. It emphasizes transparency in handling funds, requiring reports on net settlement trust proceeds and allowing waivers of certain fiduciary requirements for amounts below $25,000. Additionally, attorneys involved in these proceedings must complete continuing legal education on child welfare law to ensure they are adequately equipped to manage such sensitive cases.

Statutes affected:
Introduced Version: 29-21-13a, 44-10-14, 49-4-601