Certified Professional Guardian Board (CPGB)

May 9, 2005

Judge Hogan asked that the report on the SCJA Probate and Guardianship spring conference meeting be set over to the retreat.

Judge Hogan referenced an email she had received concerning the death of a CPG leaving 20 Incapacitated Persons without a CPG.  The standby guardian on these cases is not a CPG.  Commissioner Collier asked whether or not a SCOMIS check could be completed so that the counties where the deceased CPG had been appointed guardian could be properly notified.  AOC will try to determine the name of the CPG who died, do the follow up SCOMIS work, notify the necessary counties, and immediately remove the CPG's name from the list of certified professional guardians.

Hank Hibbard reported that DSHS now has a policy that their employees will not be guardians except for relatives.  Judge Hogan recalled that a sub-committee of the Board, chaired by Commissioner Aronow, had researched whether or not the Board should recommend that all standby guardians be a CPG if the guardian is a CPG?  This topic will be set for a future agenda. 

Mindi Blanchard joined the Board meeting and introduced herself as a CPG from Sequim.

Judge Hogan outlined a tentative agenda for the Retreat.  A significant block of retreat time will be set aside to allow a lengthy discussion on the Ethics Committee pending issues.  John Jardine cited four separate issues currently under discussion among the committee, including financial solvency, insurance requirements, blocking and bonding.

Other topics suggested for the retreat centered on the certification requirements: whether documentation evidencing proof of education to support an application should be required; whether submission of credit reports should be required when a bankruptcy is included on the application; the role of and certification requirements for a standby guardian.  Tom O’Brien felt that the standby statute was not well written and perhaps there should be changes to the guardian statutes.  It was noted that the role of the Board might be to note such necessary legislative inconsistencies but theBoard does not take an active public position on legislation.

BOARD BUSINESS

The Board went into executive session.

The Board went back into open session.

COMMITTEE REPORTS:

Certification Committee:

Jerry Riley asked whether applicants who do not appear to be eligible for certification must be brought before the Board whether applications who do not appear to be eligible for certification must be brought before the Board.  Hank Hibbard noted that if an application is incomplete, the best practice is to send a letter to the applicant requesting the incomplete information.  If the requested information is received and the application is deemed complete by the Certification Committee, the Board should process the application in the usual manner.  Lynne Alfasso cited the Application Regulations that require the Board consider all complete applications.

It was agreed that incomplete applications, except approval of fingerprint cards from WSP, should be held until complete and ready for presentation to the Board.  There is currently no set time for how long an application is held by AOC pending receipt of requested additional information in order to complete an application.

Mandatory Initial Certification Training:

Judge Hogan introduced Roxanne Mennes and Denise Medlock from the King County Bar Association.  The KCBA is the current contract provider approved by the Board for the mandatory initial certification trainings. Roxanne noted that many current and past Board members have routinely participated in the mandatory initial certification trainings over the years.  Such participation is critical to the mandatory initial certification trainings.  She thanked the Board for their high level of participation.

Roxanne related that with experience, the program has been adjusted based on routine evaluations and monitoring of each training.  The most recent February 2005 training session seemed to have the most logical organization and compared to other years.

Judge Hogan reminded the judicial officers that there is pro tem money in our CPGB budget as well as travel funds for all Board who participate as faculty. 

Hank Hibbard and Mike Longyear will continue as co-chairs for the up-coming September mandatory initial certification training.  Tentative date is September 15^th and 16^th in Seattle.  Possible new topics suggested to consider adding to the next training were solicited from the Board, to include: some enhancement of financial aspects; reducing the Medicaid session from 90 minutes; add diversity and impairment issues; special needs trusts; Medicaid guardianships; complaint and discipline process; application process and annual fees; requirement for continuing education beyond the mandatory initial certification training; GR 15, 22 and 31.

Commissioner Aronow volunteered to be a presenter for Friday.  Commissioner Collier indicated he would be present for both days. 
Commissioner Aronow suggested an e-mail be sent to Court Commissioners for possible suggested topics to be included in the up-coming training and not already covered.

Roxanne indicated that there are many requests for advanced trainings to meet the continuing education requirement.  The King County Bar Association is considering putting together an advanced one-day training depending on the Board’s willingness to participate.

Roxanne asked about the possibility of the KCBA video taping the mandatory initial certification training.  This topic will be considered at the retreat.

The Board went back into Executive Session.

The Board went out of Executive Session.

Certification Committee continued:

Each of the applicants was considered by the Board and upon motion duly, made and seconded, the following decisions occurred:

Heather Baljo  --  Denied due to lack of qualifying experience

Darlene Butler --  Approved

Lawrence Christensen  --  Denied due to lack of qualifying experience

Lynne Darnell  --  Voluntary decertification granted.  A follow up letter needs to be sent by AOC to the agency (LA Plus) to

                              remind them that two   designated CPGs are required for the agency to maintain its Agency Certification. 

                              The letter should request the names of the two qualifying CPGs.

Eric Desfachelles  --  Approved

Regina Desfachelles -- Denied due to lack of qualifying experience

Christopher Eickstadt -- Denied due to lack of qualifying experience

Kristen Eickstadt  --  Approved

Carole Gaherin  --  Approved

Betty Herman  --  Approved

Valerie Johnson  --  Denied due to lack of qualifying experience

Patricia Joubert  --  Approved

Stephanie Ludewig  --  Denied due to lack of qualifying experience

Gail Misner  --  Approved

Tracy Morrison  --  Approved

Eunice Powell  --  Approved

Judith Robertson  --  Approved

Gabrielle Roth  --  Approved, however, applicant will not be certified until her criminal background check comes back with no disqualifiers

Laura Sealey  --  Approved

Sherri Sly  --  Approved

Cheryl Wood  --  Approved

Ray Dingfield pointed out some inconsistencies and incompleteness he has noted within the Application Regulations.  He has concerns regarding the current education/experience requirements.  Without a listing of courses that would be valuable for guardianship experience, he suggested instead to substitute one year of post secondary education for each year of experience for up to 4 years.  He recommended that core education courses that had been taken should be supported with transcript documentation at the time of an application.  Ray also felt that qualification requirements should be related to the job as much as possible.  Judge Hogan suggested Board members review the written proposal submitted for discussion at the retreat.  A review of the Application Regulations may be advisable.

Judge Hogan asked Lynne Alfasso to provide an update on Mr. Hans Johnsen.  Lynne reported on inconsistencies with earlier correspondences sent to Mr. Johnsen.  To correct these inconsistencies, she will send him a final letter advising him that he has one final opportunity to complete his 2003 CEs and set out the time line.

SOP Committee:  There will be a meeting after the Board meeting today.

Public Information Committee:  Nothing to report at this meeting.

Rules Committee: Nothing to report at this meeting.

Budget Committee:Commissioner Aronow will report on any carryover funds at the retreat.

Ethics Committee:  John Jardine spoke about insurance requirements that might be required of CPGs.  He also mentioned the Ethics Committee discussed insurance for “dishonest acts” and tracking and bonding requirements.  John Jardine spoke of the need for the guardian to maintain a degree of financial reliability (solvency) as well as responsibility to the client.  There is discussion by the Committee about recommending the establishment of some initial blocking and bonding requirements.  He also related that bonding requirements, even at a minimum level, are difficult to acquire.  From the perspective of the Ethics Committee working towards a draft recommendation on each issue for the Board, it would be helpful to have a sense of the Board’s direction.

Robin Balsam spoke of the difficulty of paying for bonding for guardians that handle small accounts.  She thinks that the banking industry will not allow blocking for funds and will require bonding.  Robin also spoke about requiring insurance for small guardian practices.

Status Report Data:  There are 274 individual CPGs, with several  inactive, and numerous applications pending certification.

Old Business: Judge Hogan brought up the status of seeking nominees representing developmentally disabled persons for Joy Isham's position.  Hank Hibbard agreed to write letters to those interest groups seeking the  names of qualified individuals.  Judge Hogan agreed to correpond with the Secretary of DSHS regarding a new representative from that agency now that Hank Hibbard is no longer employed by DSHS.   The composition of the Board, as described in GR 23, will be discussed at the up-coming retreat.

New Business:  Judge Hogan set over the BJA request to gather information from courts on t he topic of Puublic Guardianships

The SOPC and Ethics Committee will meet separately after the Board meeting today. 

The June 13 Board phone conference is cancelled. 

ADJOURNMENT:

The Board retreat is scheduled at Port Ludlow.  It will begin on Friday June 10, 2005, 7:00 p.m. and continue until 9:00 p.m. On Saturday June 11, 2005, the retreat will start off with breakfast at 8:00 a.m. and continue to approx. 3:00 p.m.  A working lunch will be provided.

Respectfully submitted,

Sylvia Nelson

Court Services Division

Administrative Office of the Courts