FINAL BILL REPORT

 

 

                                    HB 1585

 

 

                                 PARTIAL VETO

 

                                  C 232 L 88

 

 

BYRepresentatives Leonard, Anderson, Crane, P. King, O'Brien and Rust

 

 

Revising provisions for juvenile dependency proceedings.

 

 

House Committe on Human Services

 

 

Senate Committee on Children & Family Services

 

 

                              SYNOPSIS AS ENACTED

 

BACKGROUND:

 

In juvenile dependency proceedings, both the parent and the Department of Social and Health Services generally have attorneys to represent their interests.  The child, however, does not have a mandated representative.  Washington's county-based voluntary guardian ad litem system provides such a representative, who advocates solely for the best interests of the child.  The dependency statutes allow, but do not require, the court to appoint a guardian ad litem or an attorney for a child who is a party to any dependency proceedings.

 

The Washington State Code Review Panel recommended that mandatory guardians ad litem be appointed to represent the interests of the child in dependency proceedings.

 

SUMMARY:

 

The dependency and child abuse and neglect statutes are amended to require that a guardian ad litem be appointed in all contested proceedings under the dependency laws unless the court finds good cause not to appoint such a representative.  The court may appoint a guardian ad litem in uncontested proceedings at its discretion.  Representation of the child by legal counsel meets the requirement of appointing a guardian ad litem in contested dependency proceedings.

 

In judicial districts with family law commissioners, commissioners are authorized to hear and act on dependency proceedings in the same manner as duly authorized juvenile court judges.

 

 

VOTES ON FINAL PASSAGE:

 

      House 97   0

      Senate    48     0(Senate amended)

      House             (House refused to concur)

     

      Free Conference Committee

      Senate    48     0

      House 97   0

 

EFFECTIVE:June 9, 1988

 

Partial Veto Summary:  A section is vetoed that would have allowed some judicial discretion in appointment of a guardian ad litem.  This veto has the effect of retaining existing law.  (See VETO MESSAGE)