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SUBSTITUTE HOUSE BILL 2180
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Passed Legislature - 1994 Regular Session
State of Washington 53rd Legislature 1994
Regular Session
By
Read first time 02/04/94.
Revising provisions relating to appointment
of guardians ad litem.
AN ACT Relating to
appointment of guardians ad litem; and amending RCW 26.44.053 and 13.34.100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 26.44.053 and 1993 c
241 s 4 are each amended to read as follows:
(1) In any ((contested))
judicial proceeding under this chapter or chapter 13.34 RCW 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 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 abused or neglected shall
be a party to any proceeding that may impair or impede such person's interest
in and custody or control of the child.
Sec. 2. RCW 13.34.100 and 1993 c
241 s 2 are each amended to read as follows:
(1) The court shall ((in
all contested cases)) 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. ((A guardian ad litem may be appointed at the
discretion of the court in uncontested proceedings.)) The requirement of a
guardian ad litem ((shall)) may be deemed satisfied if the child
is represented by independent counsel in the proceedings.
(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 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.
(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.
