Florida Senate - 2008 CS for CS for SB 1582

By the Committees on Judiciary; Children, Families, and Elder Affairs; and Senator Joyner

590-07878-08 20081582c2

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A bill to be entitled

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An act relating to guardians ad litem; amending s. 61.402,

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F.S.; authorizing a person affiliated with a not-for-

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profit legal aid organization to serve as a guardian ad

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litem under certain circumstances; requiring that such

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person undergo a security background investigation;

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requiring not-for-profit legal aid organizations to

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provide training developed by The Florida Bar before a

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person is certified as a guardian ad litem; providing for

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interim training developed by a curriculum committee;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 61.402, Florida Statutes, is amended to

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read:

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     61.402  Qualifications of guardians ad litem.--A guardian ad

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litem must be either a person citizen certified by the Guardian

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Ad Litem Program to act in family law cases, a person certified

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by a not-for-profit legal aid organization as defined in s.

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68.096 if there are no allegations of child abuse, neglect, or

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abandonment, or an attorney who is a member in good standing of

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The Florida Bar. Prior to certifying a guardian ad litem to be

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appointed under this chapter, the Guardian Ad Litem Program or

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the not-for-profit legal aid organization, as appropriate, must

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conduct a security background investigation as provided in s.

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39.821. Upon development and approval by The Florida Bar of a

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uniform, objective, and statewide training program for guardians

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ad litem serving in nondependency cases, which shall be available

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without charge to not-for-profit legal aid organizations, such

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organizations shall use the program in providing training before

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certifying a guardian ad litem under this section. Until The

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Florida Bar approves the program, the not-for-profit legal aid

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organization shall provide training developed by a curriculum

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committee established by such organization which includes, but

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need not be limited to, a family law judge, a mental health

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professional who specializes in the treatment of children, and

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two members of The Florida Bar who are active guardians ad litem.

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     Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.