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.