Certified Professional Guardian Board (CPGB)March 14, 2005CERTIFIED PROFESSIONAL GUARDIAN BOARD Board Meeting Minutes March 14, 2005 Chair: Judge Vicki L. Hogan Members Present: Judge Karlynn Haberly Commissioner Fred Aronow, Vice Chair Commissioner Scott Collier Robin Balsam Dr. Ruth Craven Ray Dingfield Hank Hibbard John Jardine Michael Longyear Tom O’Brien Lori Petersen Jerry Reilly Winsor Schmidt Members Absent: Joy Isham Staff: Gil Austin Lynne Alfasso Sylvia Nelson Public: Lexie Lamborn CALL TO ORDER Judge Hogan called the meeting to order and introductions were made. PUBLIC COMMENT Lexie Lamborn, representing the National Guardianship Foundation, presented the concept of testing potential guardians in order to obtain certification. Commissioner Aronow provided some historical perspective on why the Board chose not to require testing as the pre-requisite to certification but instead focus on mandatory initial certification training and continuing education. He also noted that Arizona was the first state to implement testing for certification. Ms. Lamborn shared that California is working on the issue and Florida has made testing for certification mandatory. Commissioner Collier wanted to know the cost for the exams. The cost of the California exam is $150.00. The issue of the validation of tests was discussed. Judge Hogan referred this matter to the Education Committee for review. Ms. Lamborn was then excused until the end of the executive session. BOARD BUSINESS The Board went into executive session. The Board went back into open session. Board Minutes: The draft February 14, 2005 minutes were approved. Chair Report: Based on her lack of response to the Chair’s last letter, it appears that Joy Isham is not in a position to continue as a Board member due to personal circumstances. Judge Hogan would like to find a replacement that is familiar with developmental disability (DD) issues. There were several suggestions of possible nominees. Before any nominee is discussed, Hank Hibbard said he would send a letter to DD advocacy groups advising them that the Board is seeking a new Board member with knowledge of and experience in DD issues before submission of nominees to the Chief Justice of the Supreme Court. NOTE: Since the date of the meeting, the Chair has received written confirmation from Joy that she is unable to continue her participation on the Board. She recommended her replacement be from the same area of expertise. It should be noted that Joy leaves the Board in good standing and with sincere appreciation for all her hard and dedicated work over the years. She will be missed! Vice Chair Report: Commissioner Aronow discussed the budget proposal. He proposed a weekend retreat for mid June as well as travel expenses, training and pro-tem expenses. Commissioner Aronow will work with Gil Austin on specific retreat details for discussion and final decision at the April phone conference meeting. Also discussed was the issue of staff support for the Board, holding over funds for the next biennium in case of a lengthy contested grievance hearing and how to fund a computer programmer. Certification Committee. The Board requested additional information on the applications of Lawrence Christensen and Gail Misner. It was moved, seconded and passed to approve certification for Summer Jones, Laura Moss and Ruth Reese. Professor Schmidt voted no on the application of Ms. Reese. It was moved, seconded and passed to approve certification for Joy Richardson, effective June 1, 2005. AOC will advise Ms. Richardson that she must maintain her employment at Share and Care House through June 1, 2005, so that she has five years of relevant experience as required by GR 23.
It was moved, seconded and passed that Hans Johnsen be decertified for failure to comply with the continuing education requirements for certified professional guardians for 2003. Notice of his decertification shall be sent to the superior courts of this state. It was moved, seconded and passed that Carole Pickett and Steven Lust be granted voluntary decertification. Ms. Balsam abstained from voting on Mr. Lust’s request for voluntary decertification. AOC will send a letter to the agencies that employed these two guardians reminding the agencies that they are required to maintain at least two designated CPGs for the agency to maintain their certification. 117 certified professional guardians filed affidavits attesting to compliance with the 2004 continuing education requirements. 18 additional certified professional guardians attested to partial compliance. 92 certified professional guardians have not yet filed an affidavit attesting to compliance with the 2004 continuing education requirements. The affidavits were due by January 31, 2005. AOC will send letters notifying these guardians that they are in default. Professor Schmidt provided an update on the guardianship research he is doing for the Retirement Research Foundation. Standards of Practice Committee. The Board reviewed the proposed Settlement Agreement in PGB #2004-005. It was proposed that the agreement be amended to include the statement that pursuant to the Board’s disciplinary regulations, the agreement would be subject to public disclosure only if the name of the guardian is not disclosed. It was moved, seconded and passed that the agreement be approved with this amendment. Commissioner Aronow abstained from voting on this matter. The amended agreement will be sent to the guardian for his approval. Lynne Alfasso reviewed a meeting she attended with the King County Superior Court judicial officers discussing the procedures for investigation of a guardian for alleged misconduct. Hank Hibbard recommended the DSHS Fraud Investigation Unit to assist in such cases.
Old Business: The Board reviewed Tom O’Brien’s newly drafted grievance form and instructions. It was moved, seconded and passed to approve this form and instructions, with a few minor changes. Mr. O’Brien will address the changes and then the information will be posted on the Guardian website. Mr. Hibbard reported on the status of the proposed changes to GR 15 and GR 22, which will limit public access to certain personal information in guardianship court files and change the way that personal information must be filed with the court. The proposed court rule changes must be approved by the Judicial Information Systems Committee, and then submitted to the Supreme Court for adoption. It was suggested that the Education Committee include information about the amended court rules in the mandatory guardian training.
Ms. Lamborn asked how long should a guardian keep their file after discharge or death of the incapacitated person? The issue was discussed, no resolution proposed. ADJOURNMENT The next meeting is scheduled for April 11, 2005, at 8:00 a.m. via conference call. Please be sure to notify the AOC if you are unable to participate so that the correct number of ports is available. Respectfully submitted, Sylvia Nelson Court Services Division Administrative Office of the Courts (360) 705-5282 |
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