ND HB1078

Amends North Dakota Century Code section 27-20-48 to grant civil liability immunity to guardians ad litem appointed in court proceedings involving children.

A guardian ad litem is immune from civil damages for any act or omission arising from their duties and responsibilities, unless the act or omission constitutes gross or willful negligence or gross or willful misconduct.

Court shall appoint a lay guardian ad litem for a child who is a party to a proceeding if the child has no parent, guardian, or custodian appearing on their behalf or if interests conflict.

Parties to the proceeding or their employees or representatives are prohibited from being appointed as the guardian ad litem.

Passed by House vote of 91-0 (3 absent) and Senate vote of 47-0 during the 2011 legislative session.