SENATE BILL REPORT

SB 5893

BYSenator Wojahn

Requiring a court appointed representative for juveniles in contested cases under chapter 13.34 RCW.

Senate Committee on Children & Family Services

Senate Hearing Date(s):January 27, 1988

Senate Staff:Jean Soliz (786-7755)

AS OF JANUARY 26, 1988

BACKGROUND:

A guardian ad litem is a person appointed by the court to represent children, who are unable to represent themselves.  The guardian has the responsibility to see that the child's interests are effectively presented to the court at every stage of dependency proceedings. 

Washington's child abuse chapter (RCW 26.44.053) requires that a guardian ad litem be appointed to represent the child in any proceeding 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 (RCW 13.34.100).  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 the court to appoint a guardian ad litem in contested proceedings under that act.  Appointment remains discretionary in uncontested proceedings.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 18, 1988

Effective Date:July 1, 1989