AN ACT Relating to
guardians ad litem; amending RCW 13.34.030 and 13.34.100; reenacting and
amending RCW 26.44.053; 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:
Sec. 1. RCW 13.34.030 and 1988 c
176 s 901 are each amended to read as follows:
For purposes of this
chapter:
(1) "Child"
and "juvenile" means any individual under the age of eighteen years;
(2) "Dependent
child" means any child:
(a) Who has been
abandoned; that is, where the child's parent, guardian, or other custodian has
evidenced either by statement or conduct, a settled intent to forego, for an
extended period, all parental rights or all parental responsibilities despite
an ability to do so;
(b) Who is abused or
neglected as defined in chapter 26.44 RCW by a person legally responsible for
the care of the child;
(c) Who has no parent,
guardian, or custodian capable of adequately caring for the child, such that
the child is in circumstances which constitute a danger of substantial damage
to the child's psychological or physical development; or
(d) Who has a
developmental disability, as defined in RCW 71A.10.020 and whose parent,
guardian, or legal custodian together with the department determines that
services appropriate to the child's needs can not be provided in the home.
However, (a), (b), and (c) of this subsection may still be applied if other
reasons for removal of the child from the home exist;
(3) "Guardian
ad litem" means a person, appointed by the court to represent the best
interest of a child in a proceeding under this chapter, or in any matter which
may be consolidated with a proceeding under this chapter. A
"court-appointed special advocate" appointed by the court to be the
guardian ad litem for the child, or to perform substantially the same duties
and functions as a guardian ad litem, shall be deemed to be guardian ad litem
for all purposes and uses of this chapter;
(4) "Guardian
ad litem program" means a court-authorized volunteer program, which is or
may be established by the superior court of the county in which such proceeding
is filed, to manage all aspects of volunteer guardian ad litem representation
for children alleged or found to be dependent. Such management shall include
but is not limited to: Recruitment, screening, training, supervision,
assignment, and discharge of volunteers.
Sec. 2. RCW 13.34.100 and 1988 c
232 s 1 are each amended to read as follows:
(1) The court
shall in all contested cases appoint ((an attorney and/or)) a
guardian ad litem for a child who is ((a party to the proceedings in all
contested proceedings)) the subject of an action under this chapter,
unless a court((,)) for good cause((,)) finds the appointment
unnecessary. ((An attorney and/or)) A 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 independent counsel in
the proceedings. ((A))
(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. ((Such attorney and/or))
(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.
(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) A guardian ad
litem through counsel, 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. ((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.))
(6) 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.
(7) 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 RCW 13.34.100 shall be deemed a
guardian ad litem to represent the best interests of the minor in proceedings
before the court.
NEW SECTION. Sec.
3. A new section is added
to chapter 13.34 RCW to read as follows:
(1) Unless otherwise
directed by the court, the duties of the guardian ad litem include but are not
limited to the following:
(a) To represent and be
an advocate for the best interests of the child;
(b) To collect relevant
information about the child's situation;
(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; and
(d) To report to the
court information on the legal status of a child's membership in any Indian
tribe or band.
(2) The 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(4), 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) The guardian ad
litem shall release case information in accordance with the provisions of RCW
13.50.100.
Sec. 4. RCW 26.44.053 and 1987 c
524 s 11 and 1987 c 206 s 7 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: PROVIDED, That the requirement of a guardian ad litem ((shall)) may
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)) abused or neglected shall be a party to any
proceeding that may ((as a practical matter)) impair or impede such
person's interest in and custody or control of ((his or her)) the
child.
NEW
SECTION. Sec. 5. If any part of this act
is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part
of this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not affect the
operation of the remainder of this act in its application to the agencies
concerned. The rules under this act shall meet federal requirements that are a
necessary condition to the receipt of federal funds by the state.
