H-4014              _______________________________________________

                                                   HOUSE BILL NO. 1585

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

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

Read first time 1/20/88 and referred to Committee on Human Services.

AN ACT Relating to juvenile dependency proceedings; amending RCW 13.34.100; and reenacting and amending RCW 26.44.053.

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

        Sec. 1.  Section 38, chapter 291, Laws of 1977 ex. sess. as amended by section 43, chapter 155, Laws of 1979 and RCW 13.34.100 are each amended to read as follows:

          The court, at any stage of a proceeding under this chapter, may appoint an attorney and/or a guardian ad litem for a child who is a party to the proceedings.  A guardian ad litem who is an attorney or who has access to an attorney shall be appointed within thirty days of filing of the dependency petition for each child who is the subject of a dependency proceeding unless a court, for good cause, finds the appointment is not necessary.  A party to the proceeding or the party's employee or representative shall not be so appointed.  Such attorney and/or guardian ad litem shall receive all notice contemplated for a parent in all proceedings under this chapter.  A report by the guardian ad litem to the court shall contain, where relevant, information on the legal status of a child's membership in any Indian tribe or band.

        Sec. 2.  Section 8, chapter 217, Laws of 1975 1st ex. sess. as amended by section 7, chapter 206, Laws of 1987 and by section 11, chapter 524, Laws of 1987 and RCW 26.44.053 are each reenacted and amended to read as follows:

          (1) In any judicial proceeding in which it is alleged that a child has been subjected to child abuse or neglect and in which a petition for dependency has been filed, the court shall appoint a guardian ad litem for the child:  PROVIDED, That the requirement of a guardian ad litem shall be deemed satisfied if the child is represented by counsel in the proceedings.

          (2) At any time prior to or during a hearing in such a case, the court may, on its own motion, or the motion of the guardian ad litem, or other parties, order the examination by a physician, psychologist or psychiatrist, of any parent or child or other person having custody of the child at the time of the alleged child abuse or neglect, if the court finds such an examination is necessary to the proper determination of the case.  The hearing may be continued pending the completion of such examination.  The physician, psychologist or psychiatrist conducting such an examination may be required to testify concerning the results of such examination and may be asked to give his or her opinion as to whether the protection of the child requires that he or she not be returned to the custody of his or her parents or other persons having custody of him or her at the time of the alleged child abuse or neglect.  Persons so testifying shall be subject to cross-examination as are other witnesses.  No information given at any such examination of the parent or any other person having custody of the child may be used against such person in any subsequent criminal proceedings against such person or custodian concerning the abuse or neglect of the child.

          (3) A parent or other person having legal custody of a child alleged to be a child subjected to abuse or neglect shall be a party to any proceeding that may as a practical matter impair or impede such person's interest in custody or control of his or her child.