LSPR 98.22
GUARDIANS AD LITEM – RCW 11.88 GUARDIANSHIPS – APPOINTMENT,
GUARDIAN AD LITEM REPORT, CASE AND ANNUAL EVALUATIONS AND
COMPLAINT PROCEDURES
(a) Guardians Ad Litem. When the appointment of a
guardian ad litem is required, the appointee shall come from
the Guardian Ad Litem Registry maintained by the Superior
Court. In order to be placed on the registry a person must
present a written statement of their qualifications and
complete a training program approved by the court. The
Spokane County Superior Court Judges shall appoint a
committee of judges and/or court commissioners and
interested members of the Spokane County Bar Association to
maintain the registry and provide training to those persons
who wish to participate in the program. Orders to Appoint
Guardian Ad Litem may be presented to the Ex Parte Department.
(b) Administration. The administration of such
Guardian Ad Litem registry, including qualification,
appointment, retention, evaluation, complaints and
discipline of guardians ad litem under this rule, shall be
in accordance with the written Policies and Procedures
promulgated and approved by the Spokane County Superior
Court. Copies of such written policies and procedures may
be obtained from the Family Law Coordinator.
Effective 11/1/02
(c) Report of Guardian Ad Litem. When a guardian ad
litem is appointed pursuant to RCW 11.88.090, the guardian
ad litem shall secure a Report of Physician or Psychologist
on Form GU 01.0110 and file it with the Guardian Ad Litem
Report on Form GU 01.0120. The use of these forms is mandatory.
Amended effective 11/1/02
(d) Case Evaluations. At the time a guardian ad litem
is discharged from a case, every attorney and the judicial
officer involved in the case, will submit an evaluation of
the guardian ad litem on a form to be supplied by the court.
The completed evaluations will be returned to the Court
Administrator’s Office and placed in the guardian ad litem’s
file. A copy of the evaluation(s) will be provided to the
guardian ad litem. The guardian ad litem may respond, in
writing, and the response will be placed in the guardian ad
litem’s file. These evaluation forms will assist the court
in maintaining a registry of qualified guardians ad litem.
Amended effective 11/1/02
(e) Annual Evaluations. A judicial officer will review
the complete file of every guardian ad litem at the time the
Annual Statement is reviewed. The judicial officer may
refer a guardian ad litem file to the Guardianship Registry
Committee if the judicial officer concludes, in a written
report, there are specific concerns that should be addressed
with the guardian ad litem. The guardian ad litem will be
given a reasonable time to respond to the report. The
Guardianship Registry Committee, or its designee, will meet
with the guardian ad litem to discuss the report and
appropriate remedial action(s), if any, to be taken by the
guardian ad litem. The Guardianship Registry Committee may
(1) allow the guardian ad litem to remain on the registry
with no further action; (2) suspend the guardian ad litem
from the registry, subject to the guardian ad litem
completing other requirements as set forth by the Committee;
or (3) remove the guardian ad litem from the registry. The
guardian ad litem will be notified by written decision
within seven days. In the event of removal from the
registry, the guardian ad litem may request a meeting with
the full Committee to review the decision.
Amended effective 11/1/02
(f) Complaint Procedures.
Amended effective 11/1/02
(1) Duties of the Judicial Officer. The court shall
designate a judicial officer to review any written complaint
regarding a guardian ad litem. If the complaint pertains to
a pending case, the judicial officer shall immediately refer
the complaint to the judge or court commissioner assigned to
the pending case for disposition. If a complaint is
received after a case has been completed then the judicial
officer will commence an investigation.
(2) Investigation Procedures. The judicial officer
will advise the complainant that an investigation has
commenced. A copy of the complaint will be sent to the
guardian ad litem. The guardian ad litem shall submit a
written response within fourteen days of receipt of the
complaint unless the court for good cause extends the time.
The judicial officer may make any other contacts or
inquiries he or she feels necessary. The judicial officer
will submit a written report, within 45 days of the receipt
of the written complaint, to the Guardianship Registry. The
guardian ad litem may respond to the report within 15 days
of the receipt of the report.
(3) Discipline. The judicial officer may recommend to
the Guardianship Registry Committee to (1) allow the
guardian ad litem to remain on the registry with no further
action; (2) suspend the guardian ad litem from the registry,
subject to the guardian ad litem completing other
requirements as set for by the Committee; or (3) remove the
guardian ad litem from the registry. The Committee, or its
designee, will meet and review the judicial officer’s
recommendation. The guardian ad litem will be notified by
written decision within seven days. The guardian ad litem
may request a meeting with the full Committee to review its
decision.
(g) Confidentiality. A record of all complaints and
grievances will be maintained by the court and treated as
confidential until merit has been found. A record of any
sanctions issued pursuant to the Annual Review and/or
Complaint Procedures will be placed in the guardian ad litem’s file.
Amended effective 11/1/02
(h) Removal from the Guardianship Registry. When a
guardian ad litem is removed from the Guardianship Registry,
the court shall send a notice to the Office of the
Administrator for the Courts.
Amended effective 11/1/02
(i) Appointments.
(1) Guardians Ad Litem in Title 11 cases (guardianship)
will be appointed pursuant to statute (RCW 11.88) and the
policies and procedures established by the Guardianship
Registry Committee. The policies and procedures are
available from the Family Law Coordinator.
(2) Each GAL on the Guardianship Registry shall be
required to accept two county-pay cases each calendar year.
These cases shall be paid pursuant to the Spokane County
Superior Court GAL payment policies.
(3) No GAL shall be appointed without his or her
written approval or telephonic consent to the Family Law Coordinator.
Effective 9/1/04
(j) Procedure to address complaints. GALs may address
complaints regarding registry or appointment matters as follows:
(1) Complaints should be directed to the chair of the
Guardianship Registry Committee.
(2) The chair will review the matter, investigate as
necessary and present the issue to the full committee at its
next regularly scheduled meeting. The committee will decide
whether any action is necessary to address the complaint,
and establish a plan to enforce that action.
(3) The complainant shall be notified of the
committee’s decision within one week of the committee meeting.
Effective 9/1/04
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