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2009 Senate Bill 5285: Revising procedures for appointment of guardians ad litem
Introduced by Sen. Debbie Regala, (D-Tacoma) (D) on January 19, 2009
Modifies the provisions for appointment of guardians ad litem, such as requiring that a court shall attempt to match the child with a guardian ad litem who has specific training or education related to the child's individual needs.   Official Text and Analysis.
Referred to the Senate Human Services & Corrections Committee on January 19, 2009
Substitute offered in the Senate on February 25, 2009
Clarifies that the Guardian Ad Litem (GAL) is a mandated reporter of child abuse or neglect only in the situation in which the GAL reasonably believes a child has been abused or neglected through his or her representation of the child in the matter for which the person has been appointed GAL. Clarifies that the criminal history background check results cannot be disclosed to either the parties or their attorneys. Clarifies that the court must grant a party's request that a GAL be removed within the first five days following appointment unless, because of the limited pool of GALs, to do so would cause substantial harm to the children involved.
The substitute passed by voice vote in the Senate on February 25, 2009
Referred to the Senate Rules Committee on February 25, 2009
Received in the House on March 10, 2009
Referred to the House Judiciary Committee on March 10, 2009
Amendment offered in the House on March 19, 2009
To clarify that the mandatory reporting requirement also applies to court appointed special advocates. It provides that the requirement for a court to attempt to match a child with a specially-trained GAL applies to children with special needs. The procedures allowing a party to remove a GAL within five days of appointment without cause are removed (the removal process in current law remains). Requirements that the GAL's background information include a fingerprint-based FBI check are removed. Current law is restored that allows investigators appointed by the court to make recommendations to the court on family law proceedings. The requirement that a court find that the GAL substantially misrepresented his or her qualifications before the court can remove the GAL from the registry is removed.
The amendment passed by voice vote in the House on March 19, 2009
Referred to the House General Government Appropriations Committee on March 26, 2009
Referred to the House Rules Committee on April 6, 2009
Received in the Senate on April 21, 2009
Senate refuse House amendments, asks House to reconsider.
Passed by voice vote in the Senate on April 21, 2009
Received to the House on April 23, 2009
House removes previous amendments and offers new amendments that includes all the provisions in the striking amendment adopted by the House and adds a provision requiring fingerprint based FBI background checks to be included in the information the GAL program keeps on GALs in dependency cases.
Received to the Senate on April 25, 2009
Senate approves House action.
Signed by Gov. Christine Gregoire on May 14, 2009
Requires a guardian ad litem (GAL) to report child abuse or neglect under the mandatory reporting of child abuse and neglect statute. Requires the court in family law and dependency cases to attempt to match a child with special needs to a GAL with specific training or education related to the child's needs. Requires GAL programs to maintain and provide additional background information to the court and the parties. Makes other changes to the statutes governing GALs.