H.B. 1291 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 arise to a tort claim.

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

• Establishes procedures for court-appointed masters to investigate tort claims, consult with outside counsel on behalf of the injured child, and submit written reports with recommendations to the court.

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

• Effective July 30, 3000.