HOUSE BILL REPORT

EHB 1585

BYRepresentatives Leonard, Anderson, Crane, P. King, O'Brien and Rust

Revising provisions for juvenile dependency proceedings.

House Committe on Human Services

Majority Report:  Do pass.  (6)

      Signed by Representatives Brekke, Chair; Scott, Vice Chair; Anderson, Leonard, H. Sommers and Sutherland.

Minority Report:  Do not pass.  (3)

      Signed by Representatives Moyer, Padden and Winsley.

House Staff:Jean Wessman (786-7132)

AS PASSED HOUSE FEBRUARY 16, 1988

BACKGROUND:

Washington State has an impressive voluntary guardian ad litem county-based system. In court proceedings where the parent and the Department of Social and Health Services both usually have attorneys to represent their interests, the child does not have a mandated advocate.  The voluntary guardian ad litem system serves that need, advocating solely for the best interests of the child.

Currently the language in the dependency statutes regarding guardians ad litem is permissive and allows, but does not require, the court to appoint a guardian ad litem or an attorney for a child who is a party to any of the proceedings under that chapter.

The Washington State Code Review Panel recommended that mandatory guardians ad litem be appointed to represent the interests of the child in the dependency statutes.

SUMMARY:

The dependency statutes are amended to require a guardian ad litem be appointed in all contested proceedings under the dependency laws.  The court may appoint a guardian ad litem in uncontested proceedings at its discretion.

!bfEFFECT OF SENATE AMENDMENT(S):  The amendment changes language in child abuse and neglect statutes to match that in dependency statute that a guardian ad litem shall be appointed in contested proceedings and may be appointed in uncontested proceedings.  Adds court discretion to find good cause for not appointing a guardian ad litem to both statutes and satisfaction of requirement if child represented by counsel to dependency statutes.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Joyce Hopson, Department of Social and Health Services; Dennis Ichikawa, Juvenile Code Review Panel; and Bruce Knutson, King County Superior Court (with concerns).

House Committee - Testified Against:      Kurt Sharar, Washington State Association of Counties.

House Committee - Testimony For:    This bill would strengthen the provisions for having a guardian ad litem in dependency proceedings.  Since both the parent and the Department have advocates, it is appropriate that the child have representation who is working for the child's best interests.  Since the court still has discretion to not name a guardian ad litem if there is good cause, there should not be a fiscal impact on counties.  Washington State does have an excellent volunteer guardian ad litem system in many areas.  In areas where such programs do not exist or are not utilized by the courts, this bill should encourage their use.

House Committee - Testimony Against:      This bill could have a potential fiscal impact on the counties if judges feel obligated to name a guardian ad litem in more cases then they are currently.

VOTE ON FINAL PASSAGE:

      Yeas 97; Excused 1

Excused:    Representative Smith C