FINAL BILL REPORT

                  ESSB 6305

                          C 124 L 00

                      Synopsis as Enacted

 

Brief Description:  Changing provisions relating to guardians ad litem.

 

Sponsors:  Senate Committee on Human Services & Corrections (originally sponsored by Senators Franklin and Kohl‑Welles).

 

Senate Committee on Human Services & Corrections

House Committee on Judiciary

 

Background:  In 1996, legislation passed making improvements to guardian ad litem (GAL) programs currently in place (ESSB 6257).  GALs are appointed by the court to provide infor­mation to the court to aid the court in its decision making.  GALs are appointed for minors or other incapacitated persons in probate cases, child custody cases, and child dependency cases.  GALs serve for a short period of time, usually the course of the lawsuit.  GALs can be distinguished from guardians appointed long-term in probate cases.  A statewide curriculum was established for GALs and other language was included that was designed to improve GAL accountability.  A steering committee was established to review Washington State courts= GAL systems.  King County Superior Court Judge George Mattson agreed to chair the steering committee, which conducted a ten-month review and issued a final report dated August 1997 that included recommended statutory changes to the GAL provisions.

 

A bill addressing the recommendations passed through the Senate in 1998 and died in the House (SSB 6217), and again in 1999 (ESSB 5447).

 

Summary:  Some statutory changes recommended in the August 1997 report are adopted:

 

Guardians ad litem in all types of actions must report their qualifications, including any removal from a case or court registry.  Superior court must remove any guardian ad litem from the registry who misrepresents his or her qualifications.

 

None of the provisions affect personal injury settlement guardians ad litem.

 

Guardians ad litem may be allocated fees by the court in a probate proceeding.

 

Guardians ad litem and investigators appointed in any domestic proceeding must complete training requirements.

 

Courts must set guardian ad litem fees, except local courts may by rule specify court fees for certain types of GALs.  The intent is that fees are limited before incurred, preventing excessive fees.

 

Guardians ad litem must not have ex parte communications with the court which are not specifically authorized by law for purposes of ex parte motions.

 

Guardians ad litem in domestic cases must disclose their files to the parties pursuant to the rules of discovery, but must otherwise treat the files as confidential.

 

In dependency proceedings, the GAL=s or CASA=s report must be filed with the court and parties prior to the hearing and parties are allowed to file written responses prior to the hearing.  The report must include a written list of persons interviewed and reports or documentation considered.  The report must include specific information on which the GAL or CASA relied in making a particular recommendation.  The court must consider responses to a GAL or CASA report.

 

In family law proceedings, parties are allowed to file written responses to the GAL=s or investigator=s report and the court must consider these responses.

 

Each superior court must adopt rules establishing procedures for filing, investigating and adjudicating grievances made by or against GALs.

 

The Department of Social and Health Services advisory group that develops model training for guardianship GALs must include representatives knowledgeable in domestic violence.

 

Votes on Final Passage:

 

Senate 450

House970(House amended)

     Senate 440(Senate concurred)

 

Effective:June 8, 2000