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.
(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. 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. Unless otherwise ordered, the guardian ad litem's role is 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 ad litem appointed is
from the county court-appointed special advocate program, the program shall
supervise any guardian ad litem assigned to the case. The court-appointed
special advocate program shall be entitled to notice of all proceedings in the
case.
(b) 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.
(3) Each guardian ad litem program shall
maintain a background information record for each guardian ad litem in the
program. The background file shall include, but is not limited to, the
following information:
(a) Level of formal education;
(b) Training related to the guardian's
duties;
(c) Number of years' experience as a
guardian ad litem;
(d) Number of appointments as a guardian ad
litem; and
(e) Criminal history, as defined in RCW
9.94A.030.
The background information report shall be
updated annually. As a condition of appointment, the guardian ad litem's
background information record shall be made available to the court. If the
appointed guardian ad litem is not a member of a guardian ad litem program the
person shall provide the background information to the court.
