BILL REQ. #:  S-4928.2 

READ FIRST TIME 02/08/08.   

     AN ACT Relating to a joint select legislative task force on guardians ad litem in cases under Titles 13 and 26 RCW; creating a new section; and providing an expiration date.

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

NEW SECTION.  Sec. 1   (1)(a) A joint select legislative task force on guardians ad litem in cases under Titles 13 and 26 RCW is established, with members as provided in this subsection.
     (i) The president of the senate shall appoint one member from each of the two largest caucuses of the senate.
     (ii) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives.
     (iii) The president of the senate and the speaker of the house of representatives jointly shall appoint the following members of the task force:
     (A) A representative from a statewide domestic violence advocacy group;
     (B) A representative from a community sexual assault program;
     (C) Two birth parents with at least one representing the interests of low-income parents;
     (D) A representative of a statewide foster parents association;
     (E) A representative from a qualified legal aid provider that receives funding from the office of civil legal aid;
     (F) One person who acts as a paid guardian ad litem;
     (G) One person who acts as an unpaid guardian ad litem;
     (H) One private attorney who represents parents under Title 13 or 26 RCW;
     (I) One professional who evaluates families for the purposes of determining the custody or placement decisions of children;
     (J) One superior court judge who is familiar with cases under Titles 13 and 26 RCW;
     (K) One court commissioner who is familiar with cases under Titles 13 and 26 RCW;
     (L) A representative from the Washington state court-appointed special advocates;
     (M) A representative from the administrative office of the courts who has participated in developing the curricula under RCW 2.56.030(1);
     (N) A representative of public defenders who represent children under Title 13 or 26 RCW; and
     (O) An attorney who represents parents from the office of public defense's parents' representation program.
     (vi) The following shall also be members of the task force:
     (A) A representative from the attorney general's office who currently handles Title 13 RCW cases;
     (B) A person designated by the secretary of the department of social and health services who has experience working on dependency cases under Title 13 RCW; and
     (C) The office of the family and children's ombudsman or the ombudsman's designee.
     (b) The task force shall choose its cochairs from among its legislative membership. The legislative members of the task force shall convene the first meeting of the task force.
     (2) The task force shall review the following issues:
     (a) The implementation of the results of the review and study as directed by RCW 2.56.150;
     (b) The feasibility and desirability of establishing statewide standards regarding fees and costs for services performed by guardians ad litem;
     (c) The training curriculum currently developed by the administrative office of the courts under RCW 2.56.030(15) and the desirability of requiring specialized training for cases involving special needs children;
     (d) Applicable federal laws impacting Washington's guardians ad
litem statutes;
     (e) RCW 13.34.100 and the exceptions to the appointment of guardians ad litem for children in dependencies;
     (f) Court oversight of the qualifications and performance of guardians ad litem;
     (g) The feasibility and desirability of establishing statewide standards regarding grievance and removal procedures and remedies;
     (h) The feasibility and desirability of establishing statewide standards for guardians ad litem including requiring legal training for volunteer guardians ad litem;
     (i) The feasibility and desirability of establishing statewide model protocols to be used by guardians ad litem for screening and interviewing parties, witnesses, and children, and developing parenting plan recommendations in cases involving allegations of limiting factors under RCW 26.09.191; and
     (j) Other issues deemed relevant to improving the practice of guardians ad litem in cases under Titles 13 and 26 RCW.
     (3) Staff support for the task force must be provided by senate committee services and the house of representatives office of program research.
     (4) The task force may form an executive committee, create subcommittees, designate alternative representatives, and define other procedures, as needed, for the operation of the task force.
     (5) The task force, where appropriate, may consult with individuals from the public or private sector or ask the individuals to establish an advisory committee. Members of such an advisory committee are not entitled to expense reimbursement.
     (6) The administrative office of the courts shall cooperate with the task force and provide information as the chair or cochairs may request.
     (7) Legislative members of the task force shall be reimbursed for travel expenses under RCW 44.04.120. Nonlegislative members, except those representing an employee or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
     (8) The expenses of the task force must be paid jointly by the senate and house of representatives. Task force expenditures are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or their successor committees.
     (9) The task force shall report its findings and recommendations to the appropriate committees of the legislature by December 31, 2008.
     (10) This section expires January 1, 2009.