H-4202.1  _______________________________________________

                          HOUSE BILL 2925

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Representatives Kagi, Constantine, Kenney, Veloria, Edwards, Wood, Haigh and Santos

Read first time 01/24/2000.  Referred to Committee on Judiciary.

Using funds to improve the legal representation of indigent parents and children.

    AN ACT Relating to using funds to improve the legal representation of indigent parents and children; and amending RCW 2.70.020.

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

    Sec. 1.  RCW 2.70.020 and 1996 c 221 s 3 are each amended to read as follows:

    The director, under the supervision and direction of the advisory committee, shall:

    (1) Administer all criminal appellate indigent defense services;

    (2) Submit a biennial budget for all costs related to state appellate indigent defense;

    (3) Establish administrative procedures, standards, and guidelines for the program including a cost-efficient system that provides for recovery of costs;

    (4) Recommend criteria and standards for determining and verifying indigency.  In recommending criteria for determining indigency, the director shall compile and review the indigency standards used by other state agencies and shall periodically submit the compilation and report to the legislature on the appropriateness and consistency of such standards;

    (5) Collect information regarding indigency cases funded by the state and report annually to the legislature and the supreme court;

    (6) Coordinate with the supreme court and the judges of each division of the court of appeals to determine how attorney services should be provided;

(7) Administer and distribute funds appropriated for representation of indigent parents and children in dependency and termination cases brought under chapter 13.34 RCW.  The funding shall be targeted to the following tasks:

(a) Working with counsel and courts to reduce delays and continuances in dependency and termination cases;

(b) Making reasonable funds available for necessary professional services, including but not limited to expert and investigative services;

(c) Developing standards of practice for counsel representing children and indigent parents, guardians, and legal custodians in dependency and termination cases;

(d) Ensuring parents, guardians, and legal custodians are screened for indigency pursuant to chapter 10.101 RCW;

(e) Working with courts, defense counsel, and prosecuting counsel to develop methods for establishing paternity among possible fathers at the earliest possible date when paternity is at issue;

(f) Setting compensation levels for counsel representing parents, guardians, legal custodians, and children in dependency and termination caseloads that attract competent, skilled counsel, and provide for reasonable caseloads;

(g) Developing training for dependency and termination defense counsel.

    The office of public defense shall not provide direct representation of clients.

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