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HI HB1885

Bill

Status

Introduced

1/19/2018

Primary Sponsor

Richard Creagan

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Requires guardians ad litem, court-appointed special advocates, resource families, parties, social workers, and attorneys to immediately report in writing to family court when they believe a child in foster custody has suffered a physical, emotional, or psychological injury that may result in a tort claim.

  • Mandates the family court to hold a hearing upon receiving such a report and determine whether to appoint a master to investigate the potential tort claim.

  • Specifies that an appointed master must consult with outside counsel, gather records and reports from all parties, and submit a written report with recommendations to the court regarding whether to file a tort claim.

  • Authorizes the family court to issue an order allowing a tort claim to be filed on behalf of the injured child and to appoint outside counsel to represent the child if determined to be in the child's best interest.

  • Establishes that the court shall set periodic hearings to review the tort action and issue other orders as necessary to serve the injured child's best interests.

Legislative Description

Relating To Family Court.

Minors

Last Action

Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) C. Lee, Ward excused (2).

2/2/2018

Committee Referrals

Judiciary2/2/2018
Health & Human Services1/22/2018

Full Bill Text

No bill text available