H-1698.1          _______________________________________________

 

                            SUBSTITUTE HOUSE BILL 1113

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By House Committee on Human Services (originally sponsored by Representatives Haugen, Ferguson, Basich, Riley, Winsley, Wang, Brekke, Dellwo, R. Meyers, Van Luven, Scott, Hargrove and Phillips).

 

Read first time February 18, 1991.  Providing legal representation in child dependency cases.


     AN ACT Relating to the source of funding for costs of legal representation in cases relating to dependency of a child and the termination of a parent and child relationship; adding a new section to chapter 13.34 RCW; and creating a new section.

 

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

 

     NEW SECTION.  Sec. 1.  A new section is added to chapter 13.34 RCW to read as follows:

     The legislature finds that counties have historically assumed the burden of funding the counsel and guardians ad litem required to represent indigent parents, guardians, legal custodians, and children in child dependency and termination proceedings.  However, the volume of such cases is driven by legislative mandate and state agency action.  Because the legislature finds that the shared goals of counties and the state will be advanced, the state agrees to accept fiscal responsibility for twenty-five percent of the cost of representation by counsel and guardians ad litem and related expenses required to represent indigent parents, guardians, legal custodians, and children in child dependency and termination proceedings after July 1, 1992, and to accept fiscal responsibility for fifty percent of these costs after July 1, 1993.

 

     NEW SECTION.  Sec. 2.      (1) The office of the administrator for the courts shall develop a proposal to address the costs of legal representation and expenses reasonably related to such representation for indigent parents, guardians, legal custodians, and children in dependency and termination hearings under chapter 13.34 RCW.  The proposal shall address the increased dependency and termination filings by the state under chapter 13.34 RCW and the effect of this increase on indigent defense costs.  The proposal shall recommend strategies to ensure than an equitable method of paying for indigent defense costs in dependency and termination proceedings is established.

     (2) The office of the administrator for the courts shall present the proposal required under subsection (1) of this section to the appropriate standing committees of the legislature by December 6, 1991.