1 | A bill to be entitled |
2 | An act relating to guardians ad litem; amending s. 61.402, |
3 | F.S.; authorizing a person certified by a not-for-profit |
4 | legal aid organization to serve as a guardian ad litem in |
5 | a dissolution of marriage proceeding that does not involve |
6 | child abuse, abandonment, or neglect; requiring that such |
7 | person undergo a security background investigation and |
8 | undergo training in a program developed by The Florida |
9 | Bar; providing a penalty for failing to disclose a |
10 | material fact in an application to act as a guardian ad |
11 | litem; providing an effective date. |
12 |
|
13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
|
15 | Section 1. Section 61.402, Florida Statutes, is amended to |
16 | read: |
17 | 61.402 Qualifications of guardians ad litem.-- |
18 | (1) A person appointed as a guardian ad litem pursuant to |
19 | s. 61.401 must be: either a citizen |
20 | (a) Certified by the Guardian Ad Litem Program pursuant to |
21 | s. 39.821; |
22 | (b) Certified by a not-for-profit legal aid organization |
23 | as defined in s. 68.096; to act in family law cases or |
24 | (c) An attorney who is a member in good standing of The |
25 | Florida Bar. |
26 | (2) Prior to certifying a guardian ad litem pursuant to |
27 | paragraph (1)(b) to be appointed under this chapter, the not- |
28 | for-profit legal aid organization Guardian Ad Litem Program |
29 | must: |
30 | (a) Conduct a security background investigation as |
31 | described provided in s. 39.821; and. |
32 | (b) Provide training using the uniform objective statewide |
33 | training program for guardians ad litem developed by The Florida |
34 | Bar. |
35 | (3) Only a guardian ad litem who qualifies under paragraph |
36 | (1)(a) or paragraph (1)(c) may be appointed to a case in which |
37 | the court has determined that there are well-founded allegations |
38 | of child abuse, abandonment, or neglect as defined in s. 39.01. |
39 | (4) This section does not require the Guardian Ad Litem |
40 | Program or any not-for-profit legal aid organization to train or |
41 | certify guardians ad litem appointed under this chapter. |
42 | (5) It is a misdemeanor of the first degree, punishable as |
43 | provided in s. 775.082 or s. 775.083, for any person to |
44 | willfully, knowingly, or intentionally fail by false statement, |
45 | misrepresentation, impersonation, or other fraudulent means to |
46 | disclose in an application for a guardian ad litem any material |
47 | fact used in making a determination as to the applicant's |
48 | qualifications for such position. |
49 | Section 2. This act shall take effect July 1, 2009. |