SHB 1285 -
By Committee on Human Services & Corrections
NOT CONSIDERED
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 13.34.100 and 2010 c 180 s 2 are each amended to read
as follows:
(1) The court shall appoint a guardian ad litem for a child who is
the subject of an action under this chapter, unless a court for good
cause finds the appointment unnecessary. The requirement of a guardian
ad litem may be deemed satisfied if the child is represented by an
independent ((counsel)) attorney in the proceedings. The court shall
attempt to match a child with special needs with a guardian ad litem
who has specific training or education related to the child's
individual needs.
(2) If the court does not have available to it a guardian ad litem
program with a sufficient number of volunteers, the court may appoint
a suitable person to act as guardian ad litem for the child under this
chapter. Another party to the proceeding or the party's employee or
representative shall not be so appointed.
(3) Each guardian ad litem program shall maintain a background
information record for each guardian ad litem in the program. The
background information record shall include, but is not limited to, the
following information:
(a) Level of formal education;
(b) General training related to the guardian ad litem's duties;
(c) Specific training related to issues potentially faced by
children in the dependency system;
(d) Specific training or education related to child disability or
developmental issues;
(e) Number of years' experience as a guardian ad litem;
(f) Number of appointments as a guardian ad litem and the county or
counties of appointment;
(g) The names of any counties in which the person was removed from
a guardian ad litem registry pursuant to a grievance action, and the
name of the court and the cause number of any case in which the court
has removed the person for cause;
(h) Founded allegations of abuse or neglect as defined in RCW
26.44.020;
(i) The results of an examination of state and national criminal
identification data. The examination shall consist of a background
check as allowed through the Washington state criminal records privacy
act under RCW 10.97.050, the Washington state patrol criminal
identification system under RCW 43.43.832 through 43.43.834, and the
federal bureau of investigation. The background check shall be done
through the Washington state patrol criminal identification section and
must include a national check from the federal bureau of investigation
based on the submission of fingerprints; and
(j) Criminal history, as defined in RCW 9.94A.030, for the period
covering ten years prior to the appointment.
The background information record 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 a suitable person appointed by the court to act as guardian ad
litem shall provide the background information record to the court.
Upon appointment, the guardian ad litem, or guardian ad litem
program, shall provide the parties or their attorneys with a copy of
the background information record. The portion of the background
information record containing the results of the criminal background
check and the criminal history shall not be disclosed to the parties or
their attorneys. The background information record shall not include
identifying information that may be used to harm a guardian ad litem,
such as home addresses and home telephone numbers, and for volunteer
guardians ad litem the court may allow the use of maiden names or
pseudonyms as necessary for their safety.
(4) The appointment of the guardian ad litem shall remain in effect
until the court discharges the appointment or no longer has
jurisdiction, whichever comes first. The guardian ad litem may also be
discharged upon entry of an order of guardianship.
(5) When a court-appointed special advocate or volunteer guardian
ad litem is requested on a case, the program must give the court the
name of the person it recommends. The program must attempt to match a
child with special needs with a guardian ad litem who has specific
training or education related to the child's individual needs. The
court must immediately appoint the person recommended by the program.
(6) If a party in a case reasonably believes the court-appointed
special advocate or volunteer guardian ad litem is inappropriate or
unqualified, the party may request a review of the appointment by the
program. The program must complete the review within five judicial
days and remove any appointee for good cause. If the party seeking the
review is not satisfied with the outcome of the review, the party may
file a motion with the court for the removal of the court-appointed
special advocate or volunteer guardian ad litem on the grounds the
advocate or volunteer is inappropriate or unqualified.
(7) A guardian ad litem through ((counsel)) an attorney, or as
otherwise authorized by the court, shall have the right to present
evidence, examine and cross-examine witnesses, and to be present at all
hearings. A guardian ad litem shall receive copies of all pleadings
and other documents filed or submitted to the court, and notice of all
hearings according to court rules. The guardian ad litem shall receive
all notice contemplated for a parent or other party in all proceedings
under this chapter.
(((6)(a))) (8) The court may appoint an attorney for the child in
the dependency within seventy-two hours of granting a petition to
terminate the parent and child relationship pursuant to RCW 13.34.180.
(9)(a) Pursuant to this subsection (9), the department or
supervising agency and the child's guardian ad litem shall each notify
a child of his or her right to request ((counsel)) an attorney and
shall ask the child whether he or she wishes to have ((counsel)) an
attorney. The department or supervising agency and the child's
guardian ad litem shall notify the child and make this inquiry
immediately after:
(i) The date of the child's twelfth birthday;
(ii) Assignment of a case involving a child age twelve or older; or
(iii) July 1, ((2010)) 2013, for a child who turned twelve years
old before July 1, ((2010)) 2013.
(b) The department or supervising agency and the child's guardian
ad litem shall repeat the notification and inquiry at least annually
and upon the filing of any motion or petition affecting the child's
placement, services, or familial relationships.
(c) The notification and inquiry is not required if the child has
already been appointed ((counsel)) an attorney.
(d) The department or supervising agency shall note in the child's
individual service and safety plan, and the guardian ad litem shall
note in his or her report to the court, that the child was notified of
the right to request ((counsel)) an attorney and indicate the child's
position regarding appointment of ((counsel)) an attorney.
(e) At the first regularly scheduled hearing after:
(i) The date of the child's twelfth birthday;
(ii) The date that a dependency petition is filed pursuant to this
chapter on a child age twelve or older; or
(iii) July 1, 2010, for a child who turned twelve years old before
July 1, 2010;
the court shall inquire whether the child has received notice of his or
her right to request ((legal counsel)) an attorney from the department
or supervising agency and the child's guardian ad litem. The court
shall make an additional inquiry at the first regularly scheduled
hearing after the child's fifteenth birthday. No inquiry is necessary
if the child has already been appointed ((counsel)) an attorney.
(((f) If the child requests legal counsel and is age twelve or
older, or if the guardian ad litem or the court determines that the
child needs to be independently represented by counsel, the court may
appoint an attorney to represent the child's position.)) (10) For the purposes of child abuse prevention and treatment
act (42 U.S.C. Secs. 5101 et seq.) grants to this state under P.L. 93-247, or any related state or federal legislation, a person appointed
pursuant to this section shall be deemed a guardian ad litem ((
(7)to
represent the best interests of the minor in proceedings before the
court)).
(((8) When a court-appointed special advocate or volunteer guardian
ad litem is requested on a case, the program shall give the court the
name of the person it recommends. The program shall attempt to match
a child with special needs with a guardian ad litem who has specific
training or education related to the child's individual needs. The
court shall immediately appoint the person recommended by the program.))
(9) If a party in a case reasonably believes the court-appointed
special advocate or volunteer guardian ad litem is inappropriate or
unqualified, the party may request a review of the appointment by the
program. The program must complete the review within five judicial
days and remove any appointee for good cause. If the party seeking the
review is not satisfied with the outcome of the review, the party may
file a motion with the court for the removal of the court-appointed
special advocate or volunteer guardian ad litem on the grounds the
advocate or volunteer is inappropriate or unqualified.
Sec. 2 RCW 13.34.105 and 2011 c 309 s 26 are each amended to read
as follows:
(1) Unless otherwise directed by the court, the duties of the
guardian ad litem for a child subject to a proceeding under this
chapter, including an attorney specifically appointed by the court to
serve as a guardian ad litem, include but are not limited to the
following:
(a) To investigate, collect relevant information about the child's
situation, and report to the court factual information regarding the
best interests of the child;
(b) To meet with, interview, or observe the child, depending on the
child's age and developmental status, and report to the court any views
or positions expressed by the child on issues pending before the court;
(c) To monitor all court orders for compliance and to bring to the
court's attention any change in circumstances that may require a
modification of the court's order;
(d) To report to the court information on the legal status of a
child's membership in any Indian tribe or band;
(e) Court-appointed special advocates and guardians ad litem may
make recommendations based upon an independent investigation regarding
the best interests of the child, which the court may consider and weigh
in conjunction with the recommendations of all of the parties;
(f) To represent and be an advocate for the best interests of the
child;
(g) To inform the child, if the child is twelve years old or older,
of his or her right to request ((counsel)) an attorney and to ask the
child whether he or she wishes to have ((counsel)) an attorney,
pursuant to RCW 13.34.100(((6))) (9). The guardian ad litem shall
report to the court that the child was notified of this right and
indicate the child's position regarding appointment of ((counsel)) an
attorney. The guardian ad litem shall report to the court his or her
independent recommendation as to whether appointment of ((counsel)) an
attorney is in the best interest of the child; and
(h) In the case of an Indian child as defined in RCW 13.38.040,
know, understand, and advocate the best interests of the Indian child.
(2) A guardian ad litem shall be deemed an officer of the court for
the purpose of immunity from civil liability.
(3) Except for information or records specified in RCW
13.50.100(7), the guardian ad litem shall have access to all
information available to the state or agency on the case. Upon
presentation of the order of appointment by the guardian ad litem, any
agency, hospital, school organization, division or department of the
state, doctor, nurse, or other health care provider, psychologist,
psychiatrist, police department, or mental health clinic shall permit
the guardian ad litem to inspect and copy any records relating to the
child or children involved in the case, without the consent of the
parent or guardian of the child, or of the child if the child is under
the age of thirteen years, unless such access is otherwise specifically
prohibited by law.
(4) A guardian ad litem may release confidential information,
records, and reports to the office of the family and children's
ombudsman for the purposes of carrying out its duties under chapter
43.06A RCW.
(5) The guardian ad litem shall release case information in
accordance with the provisions of RCW 13.50.100."
SHB 1285 -
By Committee on Human Services & Corrections
NOT CONSIDERED
On page 1, line 2 of the title, after "matters;" strike the remainder of the title and insert "and amending RCW 13.34.100 and 13.34.105."
EFFECT: Deletes the intent section; makes the appointment of an attorney for parental termination petition discretionary rather than mandatory; deletes the other discretionary language regarding when the court may appoint an attorney; changes the age at which dependent youth must be notified of their right to an attorney from seven back to twelve; and deletes the section that tasks the Washington state center for court research with evaluating the effects of attorney representation.