Rules for Superior Court

               Guardian ad Litem Rules (GALR)

                       Table of Rules


Rule

GALR 1    Scope and Definitions
GALR 2    General Responsibilities of Guardian ad Litem
GALR 3    Roles and Responsibilities of Guardian ad Litem
          in Title 13 RCW Juvenile Court Proceedings
GALR 4    Authority of Guardian ad Litem
GALR 5    Appointments of Guardian ad Litem
GALR 6    Limited Appointments
GALR 7    Grievance Procedures
    

    
                    GUARDIAN AD LITEM RULE 1:
                      SCOPE AND DEFINITIONS


     (a)  Statement of Purpose and Scope of Rule. The purpose of these
rules is to establish a minimum set of standards applicable to
all superior court cases where the court appoints a guardian ad
litem or any person to represent the best interest of a child, an
alleged incapacitated person, or an adjudicated incapacitated
person pursuant to Title 11, 13 or 26 RCW.

       These rules shall also apply to guardians ad litem
appointed pursuant to RCW 4.08.050 and RCW 4.08.060, if the
appointment is under the procedures of Titles 11, 13 or 26 RCW.

       These rules shall not be applicable to guardians ad litem

appointed pursuant to Special Proceedings Rule (SPR) 98.16W and
chapter 11.96A RCW.

     (b) Definitions.  As used in this rule, the following
     terms have these meanings:

     (1) Court.  Court shall mean any superior court in the
state of Washington and all divisions thereof.

     (2) Guardian ad Litem. Guardian ad litem shall mean any
person or program appointed in a Title 11, 13, or 26 RCW
action under the Revised Code of Washington to represent the
best interest of a child, an alleged incapacitated person,
or an adjudicated incapacitated person.  The term guardian
ad litem shall not include an attorney appointed to
represent a party.

     (3) Judge.  Judge shall mean a judicial officer of the
superior court, including commissioners and judges pro tempore.

     (4) Registry. Registry shall mean the list of people
authorized by the court to serve as guardians ad litem or
CASA programs authorized by RCW 26.12.175.


[Adopted effective November 27, 2001.]
    

    
                 GUARDIAN AD LITEM RULE 2:
     GENERAL RESPONSIBILITIES OF GUARDIAN AD LITEM

     Consistent with the responsibilities set forth in Titles 11,
13, and 26 of the Revised Code of Washington and other applicable
statutes and rules of court, in every case in which a guardian ad
litem is appointed, the guardian ad litem shall perform the
responsibilities set forth below.  For purposes of these rules, a
guardian ad litem is any person who is appointed by the court to
represent the best interest of the child(ren), an adjudicated
incapacitated person, or an alleged incapacitated person or to
assist the court in determining the best interest of the
child(ren), an adjudicated incapacitated person, or an alleged
incapacitated person, regardless of that person's title, except a
person appointed pursuant to rule 6.

     (a) Represent best interests.  A guardian ad litem shall
represent the best interests of the person for whom he or she is
appointed.  Representation of best interests may be inconsistent
with the wishes of the person whose interest the guardian ad
litem represents. The guardian ad litem shall not advocate on
behalf of or advise any party so as to create in the mind of a
reasonable person the appearance of representing that party as an
attorney.

     (b) Maintain independence. A guardian ad litem shall
maintain independence, objectivity and the appearance of fairness
in dealings with parties and professionals, both in and out of
the courtroom.

     (c) Professional conduct.   A guardian ad litem shall
maintain the ethical principles of the rules of conduct set forth
in these rules and is subject to discipline under local rules
established pursuant to rule 7 for violation.

     (d) Remain qualified for the registry.  Unless excepted by
statute or court rule, a guardian ad litem shall satisfy all
training requirements and continuing education requirements
developed for Titles13 and 26 RCW guardians ad litem by the
administrator of the courts and for Title 11 RCW guardians ad
litem as required by statute and maintain qualifications to serve
as guardian ad litem in every county where the guardian ad litem
is listed on the registry for that county and in which the
guardian ad litem serves and shall promptly advise each such
court of any grounds for disqualification or unavailability to
serve.

     (e) Avoid conflicts of interests. A guardian ad litem shall
avoid any actual or apparent conflict of interest or impropriety
in the performance of guardian ad litem responsibilities.  A
guardian ad litem shall avoid self-dealing or association from
which a guardian ad litem might directly or indirectly benefit,
other than for compensation as guardian ad litem.  A guardian ad
litem shall take action immediately to resolve any potential
conflict or impropriety.  A guardian ad litem shall advise the
court and the parties of action taken, resign from the matter, or
seek court direction as may be necessary to resolve the conflict
or impropriety.  A guardian ad litem shall not accept or maintain
appointment if the performance of the duties of guardian ad litem
may be materially limited by the guardian ad litem’s
responsibilities to another client or a third person, or by the
guardian ad litem’s own interests.

     (f) Treat parties with respect. A guardian ad litem is an
officer of the court and as such shall at all times treat the
parties with respect, courtesy, fairness and good faith.

     (g) Become informed about case.  A guardian ad litem shall
make reasonable efforts to become informed about the facts of the
case and to contact all parties.  A guardian ad litem shall
examine material information and sources of information, taking
into account the positions of the parties.

     (h) Make requests for evaluations to court.   A guardian ad
litem shall not require any evaluations or tests of the parties
except as authorized by statute or court order issued following
notice and opportunity to be heard.

     (i) Timely inform the court of relevant information.   A
guardian ad litem shall file a written report with the court and
the parties as required by law or court order or in any event not
later than 10 days prior to a hearing for which a report is
required.  The report shall be accompanied by a written list of
documents considered or called to the attention of the guardian
ad litem and persons interviewed during the course of the
investigation.

     (j) Limit duties to those ordered by court.  A guardian ad
litem shall comply with the court’s instructions as set out in
the order appointing a guardian ad litem, and shall not provide
or require services beyond the scope of the court’s instruction
unless by motion and on adequate notice to the parties, a
guardian ad litem obtains additional instruction, clarification
or expansion of the scope of such appointment.

     (k) Inform individuals about role in case.   A guardian ad
litem shall identify himself or herself as a guardian ad litem
when contacting individuals in the course of a particular case
and inform individuals contacted in a particular case about the
role of a guardian ad litem in the case at the earliest
practicable time.  A guardian ad litem shall advise information
sources that the documents and information obtained may become
part of court proceedings.

     (l) Appear at hearings.   The guardian ad litem shall be
given notice of all hearings and proceedings.  A guardian ad
litem shall appear at any hearing for which the duties of a
guardian ad litem or any issues substantially within a guardian
ad litem’s duties and scope of appointment are to be addressed.
In Title 11 RCW proceedings , the guardian ad litem shall appear
at all hearings unless excused by court order.

     (m) Ex parte communication. A guardian ad litem shall not
have ex parte communications concerning the case with the
judge(s) and commissioner(s) involved in the matter except as
permitted by court rule or by statute.

     (n) Maintain privacy of parties.  As an officer of the
court, a guardian ad litem shall make no disclosures about the
case or the investigation except in reports to the court or as
necessary to perform the duties of a guardian ad litem.  A
guardian ad litem shall maintain the confidential nature of
identifiers or addresses where there are allegations of domestic
violence or risk to a party’s or child’s safety.  The guardian ad
litem may recommend that the court seal the report or a portion
of the report of the guardian ad litem to preserve the privacy,
confidentiality, or safety of the parties or the person for whom
the guardian ad litem was appointed.  The court may, upon
application, and under such conditions as may be necessary to
protect the witnesses from potential harm, order disclosure or
discovery that addresses the need to challenge the truth of the
information received from the confidential source.

     (o) Perform duties in timely manner. A guardian ad litem
shall perform responsibilities in a prompt and timely manner,
and, if necessary, request timely court reviews and judicial
intervention in writing with notice to parties or affected
agencies.

     (p) Maintain documentation.   A guardian ad litem shall
maintain documentation to substantiate recommendations and
conclusions and shall keep records of actions taken by the
guardian ad litem.  Except as prohibited or protected by law, and
consistent with rule 2(n), this information shall be made
available for review on written request of a party or the court
on request.  Costs may be imposed for such requests.

     (q) Keep records of time and expenses.  A guardian ad litem
shall keep accurate records of the time spent, services rendered,
and expenses incurred in each case and file an itemized statement
and accounting with the court and provide a copy to each party or
other entity responsible for payment.  The court shall make
provisions for fees and expenses pursuant to statute in the Order
Appointing Guardian ad Litem or in any subsequent order.


[Adopted effective November 27, 2001.]
    

    
                    GUARDIAN AD LITEM RULE 3:
 ROLES AND RESPONSIBILITIES OF GUARDIAN AD LITEM IN TITLE 13 RCW
                   JUVENILE COURT PROCEEDINGS


     In addition to the roles and responsibilities enumerated in
rule 2, a guardian ad litem in Title 13 RCW juvenile court
proceedings shall have the following responsibilities:

     (a) Role. Unless otherwise specified in the order of
appointment, the roles and responsibilities of a guardian ad
litem are those roles and responsibilities specified in RCW
13.34.105 and applicable court rules.

     (b) Explore concurrent planning.   A guardian ad litem shall
explore concurrent planning and make a timely recommendation to
the court for a permanent plan for the child.


[Adopted effective November 27, 2001.]
    

    
                        GUARDIAN AD LITEM RULE 4:
                     AUTHORITY OF GUARDIAN AD LITEM

      As an officer of the court, a guardian ad litem has only such
authority conferred by the order of appointment.  Consistent with the
roles and responsibilities set forth in rules 2 and 3, and the grievance
procedures set forth in rules 5 and 6, a guardian ad litem shall have the
following authority:

      (a) Access to party. Unless circumstances warrant otherwise,
a guardian ad litem shall have access to the persons for whom a
guardian ad litem is appointed and to all information relevant to the
issues for which a guardian ad litem was appointed.  The access of a
guardian ad litem to the child or alleged incapacitated person and all
relevant information shall not be unduly restricted by any person or
agency.  When the guardian ad litem seeks contact with a party who is
represented by an attorney, the guardian ad litem shall notify the
attorney in advance of such contact.  The guardian ad litem's contact
with the represented party shall be as permitted by the party's attorney,
unless otherwise ordered by the court.

      (b) Timely receipt of case documents.  Until discharged by
court order a guardian ad litem shall be timely furnished copies of all
relevant pleadings, documents, and reports by the party which served
or submitted them.

      (c) Timely notification.   A guardian ad litem shall be timely
notified of all court hearings, administrative reviews, staffings,
investigations, dispositions, and other proceedings concerning the case
by the person or agency scheduling the proceeding.

      (d) Notice of proposed agreements.   A guardian ad litem
shall be given notice of, and an opportunity to indicate his or her
agreement or objection to any proposed agreed order of the parties
governing issues substantially related to the duties of a guardian ad litem.

      (e) Participate in all proceedings.  Consistent with rule 2(l), a
guardian ad litem shall participate in court hearings through submission
of written and supplemental oral reports and as otherwise authorized by
statute and court rule.

      (f) Access to records.  Except as limited by law or unless
good cause is shown to the court, upon receiving a copy of the order
appointing a guardian ad litem, any person or agency, including but not
limited to any hospital, school, child care provider, organization,
department of social and health services, doctor, health care provider,
mental health provider, chemical health program, psychologist,
psychiatrist, or law enforcement agency, shall permit a guardian ad litem
to inspect and copy any and all records and interview personnel relating
to the proceeding for which a guardian ad litem is appointed.

    (g) Access to court files.  Within the scope of appointment, a
guardian ad litem shall have access to all superior court and all juvenile
court files. Access to sealed or confidential files shall be by separate
order.  A guardian ad litem's report shall inform the court and parties if
the report contains information from sealed or confidential files.  The
clerk of court shall provide certified copies of the order of appointment
to a guardian ad litem upon request and without charge.

      (h) Additional rights and powers under RCW 13.34 or
RCW 26.26.  In every case in which a guardian ad litem is a party to
the case pursuant to RCW 13.34 or RCW 26.26, a guardian ad litem
shall have the rights and powers set forth below.  These rights and
powers are subject to all applicable statutes and court rules.

      (1) File documents and respond to discovery. A guardian ad
litem shall have the right to file pleadings, motions, notices memoranda,
briefs, and other documents, and may, subject to the trial court's
discretion engage in and respond to discovery.

      (2) Note motions and request hearings.  A guardian ad litem
shall have the right to note motions and request hearings before the
court as appropriate to the best interests of the person(s) for whom a
guardian ad litem was appointed.

      (3) Introduce exhibits, examine witnesses.  A guardian ad
litem shall have the right, subject to the trial court's discretion, to
introduce exhibits, subpoena witnesses, and conduct direct and cross
examination of witnesses.

      (4) Oral argument and submission of reports. A guardian ad
litem shall have the right to fully participate in the proceedings through
submission of written reports, and, may with the consent of the trial
court present oral argument.

      (i) Additional rights and powers in other cases.  For good
cause shown, a guardian ad litem may petition the court for additional
authority as set forth in rule 2(j).

      (j) Additional training requirements.  The Administrative
Office of the Courts shall amend the current guardian ad litem
mandatory training so that Titles 13 and 26 RCW guardians ad litem are
prepared to carry out the additional requirements of this rule.

[Adopted effective November 27, 2001.]
    

    
                    GUARDIAN AD LITEM RULE 5:
                APPOINTMENTS OF GUARDIAN AD LITEM


     (a) Equitable distribution of workload.   Each court shall
promulgate local rules providing a system of appointing and
reasonably compensating guardians ad litem which ensures an
equitable distribution of the work load among the guardians ad
litem on the registry.

     (b) Procedure to address complaints. The local rules shall
provide a procedure to timely address complaints made by any
guardian ad litem regarding registry or appointment matters.


[Adopted effective November 27, 2001.]
    

    
                    GUARDIAN AD LITEM RULE 6:
                      LIMITED APPOINTMENTS


     There may be situations where the court wishes to appoint a
person in addition to, or instead of, a guardian ad litem to
fulfill very limited roles.  This will help avoid conflict of
interest situations for guardians ad litem serving in a case and
will limit the time and expense spent on cases which do not
require a guardian ad litem.  A person appointed pursuant to this
rule is strictly limited to the duties of the role below selected
by the court.  If the order of appointment does not specifically
designate a limited appointment as listed below, the person
appointed is presumed to be a guardian ad litem, subject to the
Guardian ad Litem Rules.  The court may make the following
limited appointments:

     (a) Mediator.  The court may either appoint or refer to a
person or agency whose role is to assist the parties in reaching
an agreement about any or all contested issues in the case.

     (b) Evaluator.  The court may appoint or refer to a person
or agency for evaluation and findings regarding a specific issue
or issues including but not limited to mental health, substance
abuse, issues of abuse or neglect, cultural factors, and sexual
deviancy.

     (c) Visitation supervisor.  The court may appoint or refer
to a person or agency to supervise visits and report findings to
the court.

     (d) Settlement of minors’ claims.   The court may appoint a
person for the limited purpose described in Special Proceedings
Rules (SPR) 98.16W.

     (e) Other. Under exceptional circumstances, upon good cause
shown, the court may make other limited appointments as it deems
necessary.


[Adopted effective November 27, 2001.]
    

    
                   GUARDIAN AD LITEM RULE 7:
                      GRIEVANCE PROCEDURES


     Each court shall promulgate rules that set out or refer to
policies and procedures establishing and governing the filing,
investigating, and adjudicating grievances made by or against
guardians ad litem under Titles, 11, 13, and 26 RCW.  The rules
shall, at a minimum, comply with and address the following:

     (a) Clear and concise.  The rules shall be clear, and
concise and easily understood by both attorneys and non-
attorneys.

     (b) Separate procedures. The rules shall establish separate
procedures addressing grievances or complaints filed during the
pendency of a case, and grievances or complaints filed subsequent
to the conclusion of a case.

     (c) Fair treatment of grievances.  The rules shall establish
procedures providing for fair treatment of grievances including
appearance-of-fairness and conflict issues.

     (d) CASA grievance procedures.  Where applicable, local
rules shall accommodate the grievance procedures of Court
Appointed Special Advocate(s) (CASA) or other volunteer
program(s).

     (e) Confidentiality.  The rules shall provide for
confidentiality of complaints until merit has been found.

     (f) Response to complaint.  The rules shall provide a
procedure for any guardian ad litem who is the subject of a
complaint to respond to the complaint.

     (g) Complaint resolution time standards.  The rules shall
include a time limit during which a complaint must be resolved.
The limit shall not be longer than 25 days for complaints filed
while a case is pending or 60 days for complaints filed
subsequent to the conclusion of a case.

     (h) Records of grievances.  For its own reference purposes,
the court shall maintain a record of grievances filed and of any
sanctions issued pursuant to local court grievance procedure.

     (i) Removal from registry.  When a guardian ad litem is
removed from a county’s registry pursuant to the disposition of a
grievance, the court of that county shall send notice of such
removal to the Office of the Administrator of the Courts, who
shall on a regular basis, but not less than biannually, forward
the information to the superior courts of each county in the
state of Washington.

     (j) Implementation.  Local court rules establishing a
grievance procedure shall be filed in the manner provided
in GR 7.


[Adopted effective November 27, 2001.