Senate Bill 2673

(As Passed the Senate)

AN ACT TO CREATE THE GUARDIAN AD LITEM TRANSPARENCY AND OVERSIGHT PANEL; TO PRESCRIBE THE MEMBERSHIP OF THE PANEL; TO REQUIRE REPORTING OF INFORMATION TO THE ADMINISTRATIVE OFFICE OF COURTS BY GUARDIANS AD LITEM, CHANCERY JUDGES AND YOUTH COURT JUDGES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The Guardian Ad Litem Transparency and Oversight Panel is created to address and investigate the appointment of guardians ad litem as required by statute or ordered by a court, determine the frequency of such appointments, and compile an analysis of the costs to the various counties and to parties. The Chairman of the Senate Judiciary Committee, Subdivision A, shall chair the panel. The other members shall be the following fourteen (14) persons:

(a) The Chair of the Conference of Chancery Court Judges, or a designee;

(b) The Chair of the Conference of County Court Judges, or a designee;

(d) A youth court referee appointed by the Chair of the Council of Youth Court Judges;

(e) The Chair of the Senate Judiciary Committee, Division B, or a designee;

(f) The Senate Chair of the Investigate State Offices Joint Committee;

(g) The Chair of the House of Representatives Judiciary "A" Committee, or a designee;

(h) The Chair of the House of Representatives Judiciary "B" Committee, or a designee;

(i) The Chair of the House of Representatives Youth and Family Affairs Committee, or a designee;

(j) The Director of the Administrative Office of Courts, or a designee;

(k) The Director of the Mississippi Judicial College, or a designee;

(l) Two (2) attorneys who are regularly appointed as guardians ad litem, appointed by the Chief Justice of the Supreme Court; and

(m) A youth court prosecutor appointed by the Chief Justice of the Supreme Court.

(2) All appointed members of the panel shall be appointed within thirty (30) days of the date of passage of this act. Members of the panel shall serve without compensation.

(3) A vacancy in the panel shall not affect its powers, but shall be filled as prescribed in subsection (1) of this section. The task force shall hold its first meeting within sixty (60) days of the effective date of this act, on the call of the chairperson of the task force. A majority of the membership of the panel shall constitute a quorum, and the panel shall meet at the call of the chairperson, or upon an affirmative vote of a majority of the panel. All members must be notified in writing of all meetings at least five (5) days before the date on which a meeting of the panel is scheduled.

(4) The duties of the panel shall be to:

(a) (i) Compile and analyze the information required to be submitted in Section 2 of this act, and ultimately to recommend legislation to improve the guardian ad litem system.

(ii) Assess the feasibility and potential benefit or detriment of counties employing a full-time guardian ad litem and make a finding and recommendation.

(b) Report its findings and recommendations to the Legislature by December 1 of each year of its existence.

(5) The Performance Evaluation and Expenditure Review Joint Committee of the Legislature shall assist the panel in carrying out its duties required by this section. The Director of the Joint Committee on Performance Evaluation and Expenditure Review shall designate an appropriate employee to act as a point of contact for staff support to the panel. In addition, the panel may consult with employees of any state agency or department necessary to accomplish the panel's responsibilities under this section.

(6) This section shall stand repealed on December 31, 2020.

SECTION 2. (1) On or before August 1, 2017, a person who was appointed as a guardian ad litem by a youth court or chancery court must report to the Administrative Office of Courts the person's total invoiced amounts and total gross income received from all guardian ad litem appointments for the 2016 calendar year and the person's hourly rates. From and after April 30, 2018, and each year thereafter, a person who has been appointed as a guardian ad litem by a youth court or chancery court must report to the Administrative Office of Courts on or before April 30 of each year the person's total invoiced amounts and total gross income received from all guardian ad litem appointments during the preceding calendar year. A report made under this subsection (1) may be made with any decree of specificity the reporter considers appropriate and shall be a public record.

(2) On or before August 1, 2017, and on April 30 of each year thereafter, the senior youth court judge or referee of each county and the senior chancellor must report to the Administrative Office of Courts the total number of contempt motions filed in the chancery and youth court based upon failure to pay guardian ad litem fees, and the number of incarcerations ordered for failure to pay guardian ad litem fees.

(3) This section shall stand repealed on December 31, 2020.

SECTION 3. This act shall take effect and be in force from and after its passage, and it is the intent of the Legislature that the guardian ad litem report of invoices and compensation and the youth court and chancery court report of contempt motions and incarcerations required in Section 2 of this act shall be retroactive to January 1, 2017, for the substance of the reports that are required to be filed on or before April 30, 2018, and shall be retroactive to January 1, 2016, for the substance of the reports that are required to be filed on or before August 1, 2017.