This bill proposes significant amendments to the West Virginia Code regarding the compensation and requirements for guardians ad litem in cases involving the West Virginia Public Defender Services and minor settlement proceedings. Key changes include the establishment of new compensation rates for guardians ad litem, with out-of-court work compensated at $105 per hour and in-court work at $125 per hour. Additionally, it mandates that only guardians ad litem who have completed all required continuing education can be appointed in these cases, ensuring they are adequately trained to represent the best interests of the child. The bill also outlines the necessary contents of petitions or motions for minor settlement proceedings, requiring detailed information about the minor and the proposed distribution of settlement proceeds, along with a review by the guardian ad litem to determine if the settlement is in the minor's best interest.
Moreover, the bill introduces a new provision for the reimbursement of guardians ad litem for actual and necessary expenses incurred while performing their duties, along with a specified compensation rate of $200 per hour for legal services. It enhances the procedural framework for child neglect or abuse cases, emphasizing the importance of legal representation and requiring attorneys to complete specific training on child welfare law. The bill establishes guidelines for managing net settlement trust proceeds, including provisions for the appointment of conservators and the filing of annual reports to protect minors' financial interests. Overall, the bill aims to strengthen the legal framework surrounding the representation of minors, ensuring their rights and interests are adequately safeguarded throughout legal proceedings.
Statutes affected: Introduced Version: 29-21-13a, 44-10-14, 49-4-601