BILL REQ. #:  H-4517.2 

Read first time 01/21/08.   Referred to Committee on Judiciary.

     AN ACT Relating to creating a pilot program addressing legal representation for children in dependency proceedings who are age twelve and over; and creating new sections.

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

NEW SECTION.  Sec. 1   Dependency proceedings are complicated and have significant impacts on a child's life. Although guardian ad litems and court-appointed special advocates are appointed to represent a child's best interests in dependency proceedings, they have different skills than attorneys. Attorneys for children age twelve and over in dependency proceedings can help explain legal proceedings to the child, form confidential relationships with the child, and assist the child in understanding what services are available to the child upon aging out of care.

NEW SECTION.  Sec. 2   The dependent youth representation pilot program is established to promote adequate and effective legal representation for children age twelve and over in dependency proceedings. The pilot program shall be administered by the University of Washington school of law, children and youth advocacy clinic.
     (1) The pilot program shall consist of at least two counties selected by the children and youth advocacy clinic, as determined by:
     (a) The presence and strength of a parents' representation project;
     (b) The presence and strength of a CASA or GAL program; and
     (c) The presence and strength of a system appointing attorneys to represent adolescents' stated interests.
     (2) Counties that are chosen shall be provided funding through the pilot program for and establish a program in which:
     (a) Attorneys are provided for all children age twelve and over who are the subject of dependency proceeding under chapter 13.34 RCW;
     (b) Attorneys are provided for all children age twelve and over who are placed out-of-home under chapter 13.34 RCW during the program. For those children placed out-of-home, attorneys are appointed prior to the first hearing in the child's dependency case;
     (c) All attorneys are highly trained in dependency matters;
     (d) Attorneys maintain a caseload no larger than eighty ongoing cases;
     (e) Judges and commissioners in the pilot counties will receive training on dependency matters and how an attorney for the child affects the dynamics of the proceedings;
     (f) Guardian ad litem or CASA programs in the pilot counties will receive training on the different, but complementary roles of attorneys and GALs/CASAs and how the "best interest" standard differs from the "stated interest" standard; and
     (g) There is coordination with existing legal training offered within the county and in the state.
     (3) The children and youth advocacy clinic shall measure the performance and outcomes of the program related to the health and well-being of the child in dependency, including whether there was:
     (a) An increase in monthly private and individual face-to-face visits between the caseworker and the child;
     (b) An increase in regular visits between siblings placed apart and between children and parents;
     (c) An increase in completed mental health and educational screening and assessments within the required times of a child entering dependency;
     (d) An increase in shared planning meetings occurring within the required time of the child entering dependency;
     (e) An increase in completion of screening, diagnosis, and treatment exams addressing the child's health care and other needs within the required times and at regular intervals during the child's dependency;
     (f) An increase in timely enrollment in school if the child was removed from his or her school of origin because of change in placement; and
     (g) A decrease in the median number of days that an adolescent was on runaway status.
     (4) The children and youth advocacy clinic shall measure the performance and outcomes of the program related to the attorney's activities, including:
     (a) The amount of time that passed between when the child entered care and when the attorney was assigned the case;
     (b) Whether the attorney's presence increased the involvement of children in their court proceedings;
     (c) Whether the attorney's efforts increased the number, and appropriateness, of services ordered for and completed by children; and
     (d) Whether the attorney made the child's information available to the court.
     (5) The children and youth advocacy clinic shall issue a preliminary report to the legislature by December 31, 2008, and shall issue a final report and include findings, by September 30, 2009.