HB 2301 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 have reason to believe a child in foster custody has suffered an injury that may result in a tort claim.

• Mandates the family court to set a hearing and consider appointing a master to investigate the reported potential tort claim upon receiving a written notice.

• Specifies that a court-appointed master must consult with outside counsel on behalf of the injured child, gather records and data, and submit a written report with recommendations regarding filing a tort claim.

• Authorizes the family court to issue an order allowing the filing of a tort claim 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 any other orders in the best interest of the injured child during the tort action.