General Assembly Proposed Bill No. 5054
January Session, 2021 LCO No. 334
Referred to Committee on JUDICIARY
Introduced by:
REP. GONZALEZ, 3rd Dist.
AN ACT CONCERNING PROFESSIONAL MALPRACTICE COMMITTED
BY A GUARDIAN AD LITEM IN A FAMILY RELATIONS PROCEEDING.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
1 That chapter 815j of the general statutes be amended to provide that:
2 (1) Any person, aggrieved by the professional malpractice of a guardian
3 ad litem appointed in a family relations matter, may bring a civil action
4 seeking appropriate relief, including equitable relief, damages or both
5 in the superior court for the judicial district in which such guardian ad
6 litem was appointed, and (2) a guardian ad litem named as a defendant
7 in a professional malpractice action shall not be entitled to raise a
8 defense of qualified or absolute immunity in such action.
Statement of Purpose:
To: (1) Ensure that parents, guardians and others aggrieved by the
professional malpractice of a guardian ad litem appointed in a family
relations matter have the ability to bring a civil malpractice action
against such guardian ad litem, and (2) abolish qualified or absolute
immunity as a defense that may be raised by a guardian ad litem in a
professional malpractice action.
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