BP BHEAD INT H

AN ACT Relating to guardians ad litem; and amending RCW 26.09.220, 26.10.130, 26.12.060, and 26.12.175.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 26.09.220 and 1989 c 375 s 12 are each amended to read as follows:

(1) The court may order an investigation and report concerning parenting arrangements for the child, or may appoint a guardian ad litem pursuant to RCW 26.12.175, or both. The investigation and report may be made by the guardian ad litem, the staff of the juvenile court, or other professional social service organization experienced in counseling children and families.

(2) In preparing ((~~his~~)) the report concerning a child, the investigator may consult any person who may have information about the child and the potential parenting or custodian arrangements. Upon order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, or other expert persons who have served the child in the past without obtaining the consent of the parent or the child's custodian; but the child's consent must be obtained if ((he)) the child has reached the age of twelve, unless the court finds that the child lacks mental capacity to consent. If the requirements of subsection (3) of this section are fulfilled, the investigator's report may be received in evidence at the hearing.

(3) The ((~~court~~)) investigator shall mail the investigator's report to counsel and to any party not represented by counsel at least ten days prior to the hearing unless a shorter time is ordered by the court for good cause shown. The investigator shall make available to counsel and to any party not represented by counsel the investigator's file of underlying data and reports, complete texts of diagnostic reports made to the investigator pursuant to the provisions of subsection (2) of this section, and the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call the investigator and any person whom ((he)) the investigator has consulted for cross-examination. A party may not waive the right of cross-examination prior to the hearing.

Sec. 2. RCW 26.10.130 and 1987 c 460 s 41 are each amended to read as follows:

(1) In contested custody proceedings, and in other custody proceedings if a parent or the child's custodian so requests, the court may order an investigation and report concerning custodian arrangements for the child, or may appoint a guardian ad litem pursuant to RCW 26.12.175, or both. The investigation and report may be made by the guardian ad litem, the staff of the juvenile court, or other professional social service organization experienced in counseling children and families.

(2) In preparing the report concerning a child, the investigator may consult any person who may have information about the child and potential custodian arrangements. Upon order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, or other expert persons who have served the child in the past without obtaining the consent of the parent or the child's custodian; but the child's consent must be obtained if the child has reached the age of twelve, unless the court finds that the child lacks mental capacity to consent. If the requirements of subsection (3) of this section are fulfilled, the investigator's report may be received in evidence at the hearing.

Sec. 3. RCW 26.12.060 and 1991 c 367 s 12 are each amended to read as follows:

The court commissioners shall: (1) Make appropriate referrals to county family court services program if the county has a family court services program or appoint a guardian ad litem pursuant to RCW 26.12.175; (2) order investigation and reporting of the facts upon which to base warrants, subpoenas, orders or directions in actions or proceedings under this chapter; (3) exercise all the powers and perform all the duties of court commissioners; (4) make written reports of all proceedings had which shall become a part of the record of the family court; (5) provide supervision over the exercise of its jurisdiction as the judge of the family court may order; (6) cause the orders and findings of the family court to be entered in the same manner as orders and findings are entered in cases in the superior court; (7) cause other reports to be made and records kept as will indicate the value and extent of reconciliation, mediation, investigation, and treatment services; and (8) conduct hearings under chapter 13.34 RCW as provided in RCW 13.04.021.

Sec. 4. RCW 26.12.175 and 1991 c 367 s 17 are each amended to read as follows:

(1) The court may appoint a guardian ad litem to represent the interests of a minor or dependent child when the court believes the appointment of a guardian ad litem is ((in)) necessary to protect the best interests of the child in any proceeding under this chapter. The family court services professionals ((~~shall~~)) may also make a recommendation to the court regarding whether a guardian ad litem should be appointed for the child. The court may appoint a guardian ad litem from the court-appointed special advocate program, if that program exists in the county, to investigate and report to the court concerning parenting arrangements for the child, and to represent the child's best interests. The court shall enter an order for costs, fees, and disbursements to cover the costs of the guardian ad litem. The court may order either or both parents to pay for the costs of the guardian ad litem, according to their ability to pay. If both parents are indigent, the county shall bear the cost of the guardian, subject to appropriation for guardians' ad litem services by the county legislative authority.

(2)(a) If the guardian appointed is from the county court-appointed special advocate program, the court shall appoint the court-appointed special advocate program as a party to the proceeding. The program shall supervise any guardian ad litem assigned to the case. The program's role is to: (i) Provide independent factual information to the court; (ii) advocate for the child's best interests; and (iii) assist the court by performing any other duties assigned by the court.

(b) The court-appointed special advocate program shall be treated as a party to the proceedings and to any agreement, parenting plan, or order or decree entered regarding the child, except those agreements, orders, or decrees relating solely to child support. The guardian ad litem may call and examine witnesses and cross-examine witnesses called by other parties.

(c) The court shall dismiss the court-appointed special advocate program as a party when the case is concluded. For purposes of this section, the case shall be considered concluded upon the sooner of entry of: (i) A final order of decree, provided that the signature of a representative of the program is obtained; (ii) an order dismissing the action; or (iii) an order dismissing the program. The court may reappoint the program to a case at any time. Regardless of the dismissal of the program, the program shall remain a party for appellate purposes.

(d) The legislative authority of each county may authorize creation of a court-appointed special advocate program. The county legislative authority may adopt rules of eligibility for court-appointed special advocate program services.