Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3787 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1542 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3787
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patricia A. Haddad
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to guardian ad litems.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Patricia A. Haddad5th Bristol1/18/2023 1 of 2
16	16	HOUSE DOCKET, NO. 1542 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3787
18	18	By Representative Haddad of Somerset, a petition (accompanied by bill, House, No. 3787) of
19	19	Patricia A. Haddad that the Probate and Family Court Department be authorized to conduct a
20	20	study of guardians ad litem. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to guardian ad litems.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Notwithstanding any special or general law to the contrary, the probate and
30	30	2family court department shall conduct a study of guardians ad litem (GAL) and their
31	31	3compensation structure. The study shall examine the time required for GAL cases and
32	32	4adjustments to compensation for GAL attorneys including, but not be limited to:
33	33	5 (i) analysis of the compensation structures for attorneys who serve as GALs. The analysis
34	34	6shall include (1) the compensation rate for attorneys in the last 5 fiscal years; (2) a comparison of
35	35	7GAL attorney compensation to CPCS rate structure; and (3) a survey of GAL attorney’s student
36	36	8loan and debt burden;
37	37	9 (ii) analysis of the amount of time dedicated by attorneys and each probate and family
38	38	10court to GAL cases. The analysis shall include a survey of each currently participating GAL
39	39	11attorney and each probate and family court; 2 of 2
40	40	12 (iii) the impact of the recent raise in compensation, to the rate of $50.00 per hour
41	41	13including expenses, for GALs appointed by the probate and family court department and if that
42	42	14rate is (1) insufficient for GAL attorneys and (2) leads to fewer attorneys willing to become
43	43	15GALs;
44	44	16 (iv) the long term effect of fewer attorneys willing to work on GAL cases, which shall
45	45	17include gathering data on the following: (1) the number of attorneys working on GAL cases; (2)
46	46	18the tenure of participation of attorney GALs; (3) the number of attorneys entering and leaving
47	47	19GAL participation over the last 5 state fiscal years; and (4) a projection of the number of
48	48	20expected GAL cases over the next 5 state fiscal years and any anticipated attrition rate of GAL
49	49	21attorneys.
50	50	22 (v) analysis of travel time required for GAL cases including, but not limited to: (1) the
51	51	23average total distance a GAL attorney would travel for cases in a given year; (2) the amount of
52	52	24trips a GAL attorney would need to make to complete their assignments in a given year; and (3)
53	53	25the compensation needed for such travel; and
54	54	26 (vi) a rationale for not compensating GAL attorneys for wait time spent at court for GAL
55	55	27matters.
56	56	28 SECTION 2. The probate and family court department shall file a report of the study and
57	57	29any recommended legislation with the clerks of the house of representatives and the senate and
58	58	30the chairs of the joint committee on the judiciary no later than January 1, 2025.