Connecticut House Bill HB05054

Connecticut 2021 Regular Session

• Introduced: 1/11/21
• Refer: 1/11/21

Caption

An Act Concerning Professional Malpractice Committed By A Guardian Ad Litem In A Family Relations Proceeding.

Impact

A significant provision of HB 05054 is the removal of the defenses of qualified and absolute immunity that guardians ad litem could previously invoke in malpractice actions. This alteration is poised to enhance accountability for guardians ad litem, as it allows plaintiffs to challenge the appropriateness of the guardian's conduct without the burden of proving that the guardian acted with malice or in bad faith. This change may lead to an increase in the number of cases brought against guardians, thus impacting their professional standards and practices.

Summary

House Bill 05054 is an act that addresses issues concerning the professional malpractice committed by guardians ad litem in family relations proceedings. This proposed legislation aims to provide individuals who have been adversely affected by the actions of a guardian ad litem with the legal means to file a civil action against the guardian. The bill explicitly states that individuals can seek equitable relief or damages in the superior court of the judicial district where the guardian ad litem was appointed, ensuring that victims have accessible legal recourse.

Contention

The bill has sparked discussions regarding the balance between providing victims of malpractice with recourse and the potential chilling effect it may have on guardians ad litem. Critics argue that eliminating immunity could dissuade individuals from serving in such roles due to the fear of litigation, thus affecting the availability of guardians for individuals needing family law assistance. Proponents of the bill argue that accountability must be prioritized, and that guardians should maintain a standard of professionalism and ethics that should withstand scrutiny in a court of law.