H-3763.1  _______________________________________________

                          HOUSE BILL 2770

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Representatives Clements and Wood

Read first time 01/20/98.  Referred to Committee on Law & Justice.

Providing for representation of parties in child dependency and termination proceedings.

    AN ACT Relating to representation of parties in child dependency and termination proceedings; 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, 1999, and to accept fiscal responsibility for fifty percent of these costs after July 1, 2000.

NEW SECTION. Sec. 2.  (1) The office of public defense shall develop a proposal to address the costs of legal representation and expenses reasonably related to such representation for indigent criminal defendants and 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 criminal trial proceedings and in dependency and termination proceedings is established.

    (2) The office of public defense shall present the proposal required under subsection (1) of this section to the appropriate standing committees of the legislature by December 6, 1998.

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