Bill No.: SF0099                          Drafter:  DKG

 

LSO No.:    12LSO-0095                    Effective Date: March 13, 2012

 

Enrolled Act No.:       SEA0040

 

Chapter No.:            CH0076

 

Prime Sponsor:          Senator Nicholas, P.

 

Catch Title:            Guardian ad litem program.

 

Subject:                Establishing the guardian ad litem program within Wyoming statutes.

 

Summary/Major Elements:

 

·         The guardian ad litem program was initially authorized by 2005 Wyoming Session laws, Chapter 237 and placed with the Supreme Court.

 

·         The program was transferred from the Supreme Court to the state public defender’s office by the budget bill in 2008.

 

·         Establishes the program in Wyoming statutes within the public defender’s office.

 

·         Provides for appointment of an administrator of the program by the state public defender.

 

·         Specifies that the program is to provide legal representation as guardians ad litem in cases and appeals involving child protection, children in need of supervision, delinquency cases and termination of parental rights actions.

 

·         Provides for appointment of and reimbursement of attorneys to act as guardians ad litem through contracts with the state public defender’s office or directly with counties.  Further provides that the court shall appoint the program to provide services when appointing a guardian ad litem in all participating counties.

 

·         Provides that participating counties in the guardian ad litem program shall reimburse the program for not less than 25% of the costs for expenses incurred in the operation of the program in the county.  Nonparticipating counties are responsible for the full cost of all guardian ad litem legal fees.

 

·         Provides that all guardians ad litem shall be paid fees as provided by the program except that counties may compensate guardians ad litem at a higher rate.

 

·         Requires that the counties provide office space or a monthly stipend for guardians ad litem under contract or assigned to the county.

 

·         Provides that guardians ad litem shall be considered state employees for purposes of the Governmental Claims Act and the State Self-Insurance Program.

 

Comments:  

 

· Creates/amends major program:  Wyoming Guardian Ad Litem Program.