HB5065 HFA Burkhammer and Pinson 2-15 #1 Revised

Morgan 3345

Delegates Burkhammer and Pinson moved to amend the Committee on Finance’s strike and insert amendment on page 7, section 13a, line 172, by inserting the following language after the word “sum.”:

(r) Beginning on July 1, 2024, Public Defender Services shall annually provide to the Legislative Oversight Commission on Health and Human Resources, the Foster Care Ombudsman, and the West Virginia Supreme Court of Appeals a report summarizing legal services that are being provided by the submission of a voucher by panel attorneys serving as guardians ad litem in the courts the state.  Each agency report will contain a summary of the following legal services being provided by panel attorneys serving as guardians ad litem:

(1) The average per case number of multidisciplinary team meetings attended by appointed guardians ad litem from the initial appointment date until permanency for the child has been achieved as reflected by court order;

(2) The average amount of cases an appointed panel attorney served as a guardian ad litem;

(3) The average length of time that a child abuse or neglect proceeding lasts from the date of the initial appointment of a panel guardian ad litem until an order is entered that finds that permanency for the child has been achieved;

(4) The average number of in-person visits or conferences that appointed guardians ad litem have with their clients, or when appropriate the client’s parents or caretaker, including the aggregate number of cases that appointed guardians ad litem have an in-person visit, or conference, with their client, or when appropriate a client’s parents or caretaker, and the aggregate number of cases that guardians ad litem did not have an in-person visit or conference with their client, or client’s parents or caretaker: Provided, That nothing in this subsection will require the disclosure by any guardian ad litem of any information protected by attorney client privilege.

(5) The average number of out-of-court hours itemized and billed in each case by an appointed panel attorney serving as guardian ad litem from the initial appointment date until permanency for the child has been achieved as reflected by court order;

(6) The average number of in-court hours itemized and billed in each case by an appointed panel attorney serving as guardian ad litem from the initial appointment date until permanency for the child has been achieved as reflected by court order;

(7) The average number of hours itemized and billed in each case as travel time by an appointed panel attorney serving as guardian ad litem from the initial appointment date until permanency for the child has been achieved as reflected by couirt order.

Adopted

Rejected