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                                           ENGROSSED HOUSE BILL NO. 1585

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                                            AS AMENDED BY FREE CONFERENCE COMMITTEE

                                                                          C 232 L 88 PV

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Leonard, Anderson, Crane, P. King, O'Brien and Rust

Read first time 1/20/88 and referred to Committee on Human Services.

AN ACT Relating to juvenile dependency proceedings; amending RCW 13.34.100, 13.04.021, and 26.12.060; reenacting and amending RCW 26.44.053; and declaring an emergency.

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

        Sec. 1.  Section 38, chapter 291, Laws of 1977 ex. sess. as amended by section 43, chapter 155, Laws of 1979 and RCW 13.34.100 are each amended to read as follows:

          The court((, at any stage of a proceeding under this chapter, may)) shall appoint an attorney and/or a guardian ad litem for a child who is a party to the proceedings in all contested proceedings under this chapter unless a court, for good cause, finds the appointment unnecessary.  An attorney and/or guardian ad litem may be appointed at the discretion of the court in uncontested proceedings: PROVIDED, That the requirement of a guardian ad litem shall be deemed satisfied if the child is represented by counsel in the proceedings. A party to the proceeding or the party's employee or representative shall not be so appointed.  Such attorney and/or guardian ad litem shall receive all notice contemplated for a parent in all proceedings under this chapter.  A report by the guardian ad litem to the court shall contain, where relevant, information on the legal status of a child's membership in any Indian tribe or band.

        Sec. 2.  Section 8, chapter 217, Laws of 1975 1st ex. sess. as amended by section 7, chapter 206, Laws of 1987 and by section 11, chapter 524, Laws of 1987 and RCW 26.44.053 are each reenacted and amended to read as follows:

          (1) In any contested judicial proceeding in which it is alleged that a child has been subjected to child abuse or neglect, the court shall appoint a guardian ad litem for the child in all contested proceedings under this chapter unless a court, for good cause, finds the appointment unnecessary.  An attorney and/or guardian ad litem may be appointed at the discretion of the court in uncontested proceedings:  PROVIDED, That the requirement of a guardian ad litem shall be deemed satisfied if the child is represented by counsel in the proceedings.

          (2) At any time prior to or during a hearing in such a case, the court may, on its own motion, or the motion of the guardian ad litem, or other parties, order the examination by a physician, psychologist or psychiatrist, of any parent or child or other person having custody of the child at the time of the alleged child abuse or neglect, if the court finds such an examination is necessary to the proper determination of the case.  The hearing may be continued pending the completion of such examination.  The physician, psychologist or psychiatrist conducting such an examination may be required to testify concerning the results of such examination and may be asked to give his or her opinion as to whether the protection of the child requires that he or she not be returned to the custody of his or her parents or other persons having custody of him or her at the time of the alleged child abuse or neglect.  Persons so testifying shall be subject to cross-examination as are other witnesses.  No information given at any such examination of the parent or any other person having custody of the child may be used against such person in any subsequent criminal proceedings against such person or custodian concerning the abuse or neglect of the child.

          (3) A parent or other person having legal custody of a child alleged to be a child subjected to abuse or neglect shall be a party to any proceeding that may as a practical matter impair or impede such person's interest in custody or control of his or her child.

        Sec. 3.  Section 3, chapter 291, Laws of 1977 ex. sess. as amended by section 2, chapter 155, Laws of 1979 and RCW 13.04.021 are each amended to read as follows:

          (1) The juvenile court shall be a division of the superior court.  In judicial districts having more than one judge of the superior court, the judges of such court shall annually assign one or more of their number to the juvenile court division.  In any judicial district having a court commissioner, the court commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear all cases under this chapter and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050.  In any judicial district having a family law commissioner appointed pursuant to chapter 26.12 RCW, the family law commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear cases under chapter 13.34 RCW and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050.

          (2) Cases in the juvenile court shall be tried without a jury.

        Sec. 4.  Section 6, chapter 50, Laws of 1949 and RCW 26.12.060 are each amended to read as follows:

          The family court commissioners shall:  (1) Receive all applications and complaints filed in the family court for the purpose of disposing of them pursuant to this chapter; (2) investigate the facts upon which to base warrants, subpoenas, orders or directions in actions or proceedings filed in or transferred to the family court pursuant to this chapter; (3) for the purpose of this chapter, exercise all the powers and perform all the duties of regular court commissioners; (4) hold conciliation conferences with parties to and hearings in proceedings under this chapter and make written reports of all proceedings had which shall become a part of the record of the family court; (5) provide such supervision in connection with 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; ((and)) (7) cause such other reports to be made and records kept as will indicate the value and extent of such conciliation service; and (8) conduct hearings under chapter 13.34 RCW as provided in RCW 13.04.021.

NEW SECTION. Sec. 5.     Sections 3 and 4 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

                                                                                                                          Passed the House March 10, 1988.

                                                                                                                                         Speaker of the House.

                                                                                                                          Passed the Senate March 10, 1988.

                                                                                                                                       President of the Senate.