S-2396               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5766

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Children & Family Services (originally sponsored by Senators Vognild, Smith, Craswell, Bailey, Stratton, Warnke, DeJarnatt, Rasmussen, Kreidler, Wojahn and Johnson)

Read first time 3/1/89.

AN ACT Relating to guardianships; adding new sections to chapter 11.88 RCW; and adding new sections to chapter 11.92 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 11.88 RCW to read as follows:

          The attorney general is authorized and directed to appoint one or more assistant attorney(s) general and one or more investigator(s) to discover and investigate violations of this chapter.  The attorney general shall appoint the attorney(s) and investigator(s) for a period of at least one year and not to exceed two years.

NEW SECTION. Sec. 2.  A new section is added to chapter 11.88 RCW to read as follows:

          (1) The attorney(s) and investigator(s) shall investigate complaints received by the state from interested persons alleging that the provisions of this chapter have been violated.  In addition, the attorney(s) and investigator(s) shall randomly review court files throughout the state to determine if the provisions of this chapter have been violated.

          (2) The assistant attorney(s) general may bring an action in the name of the state against any person who has violated the provisions of this chapter.  The prevailing party may, in the discretion of the court, recover the costs of the action including reasonable attorneys' fees.

          (3) The attorney general shall report to the children and family services committee of the senate of the findings made by the investigatory team by January 1, 1990.

NEW SECTION. Sec. 3.  A new section is added to chapter 11.92 RCW to read as follows:

          The attorney general is authorized and directed to appoint one or more assistant attorney(s) general and one or more investigator(s) to discover and investigate violations of this chapter.  The attorney general shall appoint the attorney(s) and investigator(s) for a period of at least one year and not to exceed two years.

NEW SECTION. Sec. 4.  A new section is added to chapter 11.92 RCW to read as follows:

          (1) The attorney(s) and investigator(s) shall investigate complaints received by the state from interested persons alleging that the provisions of this chapter have been violated.  In addition, the attorney(s) and investigator(s) shall randomly review court files throughout the state to determine if the provisions of this chapter have been violated.

          (2) The assistant attorney(s) general may bring an action in the name of the state against any person who has violated the provisions of this chapter.  The prevailing party may, in the discretion of the court, recover the costs of said action including reasonable attorneys' fees.

          (3) The attorney general shall report to the children and family services committee of the senate of the findings made by the investigatory team by January 1, 1990.