SENATE BILL REPORT

EHB 1585

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

Senate Hearing Date(s):February 22, 1988; February 24, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Kiskaddon, Chairman; Bailey, Vice Chairman; Craswell, Fleming, Garrett, McDonald, Stratton.

Senate Staff:Jean Soliz (786-7755)

                  February 26, 1988

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, FEBRUARY 24, 1988

BACKGROUND:

A guardian ad litem is a person appointed by the court to act on behalf of persons, such as children, who are unable to speak for themselves. 

Washington's child abuse chapter requires that a guardian ad litem be appointed to represent the child in any case in which it is alleged that a child has been subjected to abuse or neglect.  The Juvenile Court Act, however, makes appointment of a guardian ad litem discretionary.  Both of these statutes are used in child abuse proceedings.

The federal Adoption Assistance and Child Welfare Act states that a court must appoint a guardian ad litem in all child abuse or neglect cases.

SUMMARY:

The Juvenile Court Act is amended to require appointment of a guardian ad litem in all contested child abuse or neglect proceedings.

SUMMARY OF PROPOSED SENATE AMENDMENT:

The chapter relating to child abuse and neglect is amended to require appointment of a guardian ad litem in contested proceedings only.  The requirement is deemed satisfied if the child is represented by an attorney.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Effective Date:July 1, 1988

Senate Committee - Testified: Kurt Sharar, Washington State Association of Counties; Marci McKai, Washington State Code Rev. Panel (for); Joyce Hopson, DSHS (for)