H-4755.1  _______________________________________________

                          HOUSE BILL 2949

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Representatives Radcliff, R. Fisher and Cole

Read first time 02/05/96.  Referred to Committee on Law & Justice.

Requiring guardians ad litem in truancy cases.

    AN ACT Relating to guardians ad litem in truancy cases; and adding a new section to chapter 28A.225 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 28A.225 RCW to read as follows:

    (1) When a petition is filed under RCW 28A.225.030, before scheduling a fact-finding hearing the court shall appoint a guardian ad litem for the child who is the subject of the petition, unless the 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 independent counsel in the proceedings.  The guardian ad litem shall evaluate the facts set forth in the petition, including, but not limited to, the steps taken by the school district to eliminate or reduce the child's absences.  The guardian ad litem shall prepare and present a written report to the court at the fact-finding hearing of this evaluation, with recommendations, if any, for the court and the parties to the proceeding.  A copy of the report shall be given to the court and to the parties or their attorneys at least five days before the hearing.

    (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 item for the child.  Another party to the proceeding or the party's employee or representative shall not be appointed guardian ad litem.

    (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 the county or counties of appointment;

    (e) Number of complaints against the guardian ad litem, including the nature of the complaint and its resolution; and

    (f) 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 and provided to the parties or their attorneys.  If the appointed guardian ad litem is not a member of a guardian ad litem program, the person shall provide the same required background information to the court and to the parties or their attorneys.

    (4) The appointment of the guardian ad litem shall remain in effect until the court discharges the person or no longer has jurisdiction, whichever is first.

    (5) A guardian ad litem may present evidence and 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.

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