A BILL TO BE ENTITLED
AN ACT establishing the civil custody guardian program.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 50 of the General Statutes is amended by adding the following new Article to read:
"Article 6.
"Civil Custody Guardians.
"§ 50‑110.  Appointment of civil custody guardian.
(a)	In actions for custody and visitation, the court may in its discretion, upon motion of either party or upon its own motion, appoint an individual to serve the court as a civil custody guardian. The court shall set forth specific duties of the civil custody guardian in a written order of appointment.
(b)	A civil custody guardian appointed by the court may be an attorney, a mental health professional, or any other individual with appropriate training and qualifications. The civil custody guardian shall investigate, report, and make recommendations as specifically directed by the court in the appointment order. Unless otherwise directed by the court, the civil custody guardian shall make independent and informed recommendations to the court in the form of a written report.
(c)	In addition to the preparation of a written report, the duties of the civil custody guardian may include interviewing the children and parties, interviewing other persons possessing relevant information, obtaining relevant documentary evidence, and conferring with counsel for the parties.
"§ 50‑111.  Uniform advisory guidelines.
(a)	The Conference of Chief District Judges shall prescribe uniform statewide advisory guidelines for the appointment of civil custody guardians and develop further criteria for determining when a civil custody guardian may be appointed. The advisory guidelines may address or provide for any of the following:
(1)	Qualifications of the civil custody guardian.
(2)	Responsibilities of the civil custody guardian.
(3)	Rates of compensation of the civil custody guardian and how to determine allocation of compensation of the civil custody guardian between the parties to the action.
(4)	Appearance at trial and testimony of the civil custody guardian.
(5)	Modification or termination of the civil custody guardian appointment.
(6)	Establishment of local rules for the appointment of civil custody guardians.
(7)	Any other factor involving the appointment of the civil custody guardian.
(b)	Periodically, but at least once every four years, the Conference of Chief District Judges shall review the guidelines. The Conference shall give the Administrative Office of the Courts and the general public an opportunity to provide the Conference with information relevant to the development and review of the guidelines.
"§ 50‑112.  Civil custody guardian immunity.
A civil custody guardian shall not be liable for damages for acts or omissions of ordinary negligence arising out of the civil custody guardian's duties and responsibilities as a civil custody guardian. This section shall not apply to actions arising out of the operation of a motor vehicle."
SECTION 2.  This act is effective when it becomes law and applies to contested custody proceedings initiated on or after that date.