H-0444.1 _______________________________________________
HOUSE BILL 1113
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State of Washington 52nd Legislature 1991 Regular Session
By Representatives Haugen, Ferguson, Basich, Riley, Winsley, Wang, Brekke, Dellwo, R. Meyers, Van Luven, Scott, Hargrove and Phillips.
Read first time January 21, 1991. Referred to Committee on Human Services\Appropriations.
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; and amending RCW 13.34.090 and 13.34.100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 13.34.090 and 1990 c 246 s 4 are each amended to read as follows:
(1) Any party has a right to be represented by an attorney in all proceedings under this chapter, to introduce evidence, to be heard in his or her own behalf, to examine witnesses, to receive a decision based solely on the evidence adduced at the hearing, and to an unbiased fact-finder.
(2) At all stages of a proceeding in which a child is alleged to be dependent pursuant to RCW 13.34.030(2), the child's parent, guardian, or legal custodian has the right to be represented by counsel, and if indigent, to have counsel appointed for him or her by the court. If the court determines the child's parent or guardian to be indigent, responsibility for costs of representation by counsel and all expenses reasonably related to such representation shall be borne by the state of Washington, through the department of social and health services. The state of Washington shall have authority to contract with local counties to provide legal representation for the child's parent or guardian. Unless waived in court, counsel shall be provided to the child's parent, guardian, or legal custodian, if such person (a) has appeared in the proceeding or requested the court to appoint counsel and (b) is financially unable to obtain counsel because of indigency as defined in chapter 10.101 RCW.
(3) If a party to an action under this chapter is represented by counsel, no order shall be provided to that party for his or her signature without prior notice and provision of the order to counsel.
(4) Copies of department of social and health services or supervising agency records to which parents have legal access pursuant to chapter 13.50 RCW shall be given to the child's parent, guardian, legal custodian, or his or her legal counsel, within twenty days after the department or supervising agency receives a written request for such records from the parent, guardian, legal custodian, or his or her legal counsel. These records shall be provided to the child's parents, guardian, legal custodian, or legal counsel prior to the shelter care hearing in order to allow an opportunity to review the records prior to the hearing. These records shall be legible and shall be provided at no expense to the parents, guardian, legal custodian, or his or her counsel.
Sec. 2. RCW 13.34.100 and 1988 c 232 s 1 are each amended to read as follows:
(1) The court 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.
(2) If the court determines the child's parent or guardian to be indigent, the costs of the child's representation by an attorney or guardian ad litem and all expenses reasonably related to such representation shall be borne by the state of Washington through the department of social and health services.