Missouri 2023 Regular Session

Missouri Senate Bill SB359

Introduced
1/4/23  

Caption

Modifies provisions relating to guardians ad litem

Impact

The bill modifies existing legal standards related to the appointment and duties of guardians ad litem. Notably, it mandates that a guardian be appointed whenever allegations of child abuse or neglect arise. Furthermore, it delineates specific protocols for their communication and reporting requirements, ensuring that they act promptly and according to prescribed legal standards. This amendment to state law is intended to streamline and clarify the role of guardians ad litem, which is critical given their role in significantly influencing child custody decisions and outcomes.

Summary

Senate Bill 359 seeks to update/provide new provisions concerning the roles and responsibilities of guardians ad litem in child custody proceedings and cases involving allegations of child abuse or neglect. The primary aim is to enhance the efficiency and effectiveness of legal representation for children in such cases by ensuring that guardians ad litem are appointed, monitored, and held to clearly defined standards. This includes the obligation of guardians to provide timely communication and advocacy for the best interests of the child throughout court proceedings.

Sentiment

The general sentiment surrounding SB 359 appears to be supportive among child welfare advocates and legal experts, who argue that clarifying the responsibilities of guardians ad litem will not only protect the welfare of children but also enhance the integrity of the judicial process. Stakeholders express hope that these changes will promote more prompt responses to allegations of abuse and ensure that children's voices are more effectively represented in court. However, there may be some concerns about the feasibility of implementing these new standards given existing resource limitations in the legal system.

Contention

While the overall thrust of SB 359 is to enhance child protection through clear legal frameworks, some may argue about the practical implications of implementing such standards, especially in under-resourced jurisdictions. Difficulties related to adequate training for guardians ad litem and potential conflicts arising from increased responsibilities could ignite debates. Additionally, the financial implications regarding who bears the cost of guardian fees in cases of disqualified guardians could also become a point of contention among stakeholders.

Companion Bills

No companion bills found.

Previously Filed As

MO SB576

Modifies provisions relating to guardians ad litem

MO SB477

Modifies provisions relating to guardians ad litem

MO SB801

Modifies provisions relating to child protection

MO SB2224

Guardianship of minors, sale of property by a guardian, termination of a guardianship, waiver of notice, and guardians ad litem.

MO SB31

Guardianship Changes

MO SB43

Modifies provisions relating to protection of vulnerable persons

MO AB446

Revises provisions governing guardianship of minors. (BDR 13-661)

MO AB381

Revises provisions governing guardianship. (BDR 13-302)

MO HB06442

An Act Concerning The Appointment Of Counsel And Guardians Ad Litem In Child Protection Matters, And The Appointment Of Permanent Legal Guardians.

MO HB737

Modifies provisions relating to the protection of children

Similar Bills

CA AB1025

Standby Caretaker Act.

CA SB1279

Guardian ad litem appointment.

NJ A4000

Establishes Office of Professional Corporate Guardians.

NJ S3148

Establishes Office of Professional Corporate Guardians.

TX SB1325

Relating to authorizing counties to establish public guardians to serve as guardians for certain incapacitated persons.

CA SB303

Guardians and conservators: compensation: residence of conservatee.

WV HB2035

Establishing pilot program for Public Guardian Ad Litem Services

CA AB1378

Standby guardianship of minors.