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HB570 INTRODUCED
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HB570
QNSIC14-1
By Representative Mooney
RFD: Judiciary
First Read: 05-Mar-26
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QNSIC14-1 03/04/2026 GP (L)GP 2026-650
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First Read: 05-Mar-26
SYNOPSIS:
Under existing law, guardians ad litem are
required to perform certain duties in order to protect
the best interests of the child.
This bill would further provide for the duties
of guardians ad litem, including, but not limited to,
regular meetings with children and foster parents,
conducting ongoing investigations and review of court
cases, review of certain reports related to subject
children, and when appropriate, filing pleadings to
promote the best interests of children and timely
permanent resolution of cases.
A BILL
TO BE ENTITLED
AN ACT
Relating to guardians ad litem; to amend Section
12-15-304, Code of Alabama 1975; to further provide for the
duties of guardians ad litem.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 12-15-304, Code of Alabama 1975, is
amended to read as follows:
"§12-15-304
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"§12-15-304
(a) In all dependency and termination of parental
rights proceedings, the juvenile court shall appoint a
guardian ad litem for a child who is a party to the
proceedings and whose primary responsibility shall be to
protect the best interests of the child.
(b) The guardian ad litem, irrespective of the age of
the child, shall:
(1) Meet with the child and speak with the child's
foster parents before every court hearing, when significant
events impact the child, and when the guardian ad litem is
apprised of emergencies, except where any such meeting is
impracticable due to exigent circumstances; and
(2) Explain, in terms understandable to the child, what
is expected to happen before, during, and after each juvenile
court hearing.
(c) The duties of the guardian ad litem shall include ,
but shall not be limited to, the following:
(1) Conduct an ongoing, Irrespective of the age of the
child, meet with the child prior to juvenile court hearings
and when apprised of emergencies or significant events
impacting the child. In addition, the guardian ad litem shall
explain, in terms understandable to the child, what is
expected to happen before, during, and after each juvenile
court hearing.
(2) Conduct a thorough , and independent investigation ,
including the following, at a minimum:
a. Face-to-face meetings to observe the child's
physical, mental, social, and educational well being.
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physical, mental, social, and educational well being.
b. Ongoing communication with foster parents and
custodians, including review of reports prepared by foster
parents in the exercise of their right to be heard.
c. Personally review Department of Human Resources
court reports, Court Appointed Special Advocate reports,
Individualized Education Plans, Individualized Service Plan
reports, foster parent reports, and other information related
to the child including educational records, medical records,
mental health records, and any other relevant records
pertaining to the child.
(2) Attend and participate in the development and
negotiation of individualized service plans and proposed court
orders.
(3) Conduct an ongoing review of the progress of the
court case to promote the best interests of the child and to
promote a timely and permanent resolution to the case. Ongoing
review includes conducting monitoring of timely implementation
of individualized service plans and timely compliance with
court orders. When appropriate, the guardian ad litem shall
file pleadings with the court while the case is pending to
notify the court of delays and noncompliance .
(4)(3) Advocate for appropriate services for the child
and the family , which may include, but not be limited to,
trauma informed counseling for the child and trauma informed
training and ongoing coaching for the legal parents,
appropriate family members, and the foster parents .
(5)(4) Attend and be prepared to fully participate in
all dependency juvenile court hearings scheduled by the
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all dependency juvenile court hearings scheduled by the
juvenile court , including examination and cross-examination of
witnesses, issuance of subpoenas, offering of testimony,
seeking discovery when appropriate, and filing and file all
necessary pleadings to facilitate promote the best interests
of the child and timely, permanent resolution of the case.
Additionally, the guardian ad litem shall obtain copies of all
relevant proceedings and notices and participate in
depositions and negotiations .
(d)(c) Before being appointed by the juvenile court,
every guardian ad litem appointed in juvenile dependency or
termination of parental rights cases shall receive training
appropriate to their role.
(e)(d) Nothing in this section shall prohibit the
juvenile court from appointing trained volunteers in addition
to guardians ad litem in promoting the best interests of the
child.
(f)(e) A guardian ad litem may be appointed to protect
the best interests of more than one child of the same parent.
A guardian ad litem also may be appointed to protect the best
interests of both a minor (or otherwise incapacitated) parent
and the child."
Section 2. This act shall become effective on October
1, 2026.
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