Wash. Rev. Code § 13.34.100
The background information record shall be updated annually and fingerprint-based background checks shall be updated every three years. As a condition of appointment, the guardian ad litem's background information record shall be made available to the court. If the appointed guardian ad litem is not a member of a guardian ad litem program a suitable person appointed by the court to act as guardian ad litem shall provide the background information record to the court.
Upon appointment, the guardian ad litem, or guardian ad litem program, shall provide the parties or their attorneys with a copy of the background information record. The portion of the background information record containing the results of the criminal background check and the criminal history shall not be disclosed to the parties or their attorneys. The background information record shall not include identifying information that may be used to harm a guardian ad litem, such as home addresses and home telephone numbers, and for volunteer guardians ad litem the court may allow the use of maiden names or pseudonyms as necessary for their safety.
RCW 13.34.100
Findings-Intent- 2021 c 210 : See note following RCW 13.34.090.
Finding-Intent- 2017 c 99 : "The legislature finds that the integrity of court-appointed special advocates and volunteer guardians ad litem is necessary to protect the best interest of children in child welfare proceedings.
Although courts must be notified regarding the removal of a guardian ad litem from a county's registry pursuant to a grievance, there is no requirement that a county must act on that information. For that reason, the legislature intends to require counties to remove child welfare volunteer guardians ad litem from their registries when counties are notified that the person has been removed from another county's registry pursuant to the disposition of a grievance or if the court is otherwise made aware that a guardian ad litem has been found by a court to have made a materially false statement that he or she knows to be false during an official proceeding under oath." [2017 c 99 s 1.]
Finding-Construction- 2014 c 108 : "(1) The legislature recognizes that some children may remain in foster care following the termination of the parent and child relationship. These children have legal rights and no longer have a parent to advocate on their behalf, and no other party represents their legal interests. The legislature finds that providing attorneys for children following the termination of the parent and child relationship is fundamental to protecting the child's legal rights and to accelerate permanency.
(2) Although the legislature recognizes that many jurisdictions provide attorneys to children prior to termination of the parent and child relationship, nothing in this act may be construed against the parent's fundamental liberty interest in parenting the child prior to termination of the parent and child relationship as stated in In re Dependency of K.N.J., 171 Wn.2d 568, 574 (2011) and In re Welfare of Luscier, 84 Wn.2d 135, 136-37 (1974), unless such a position would jeopardize the child's right to conditions of basic nurture, health, or safety." [2014 c 108 s 1.]
Effective date- 2014 c 108 : "This act takes effect July 1, 2014." [2014 c 108 s 4.]
Findings- 2010 c 180 : "(1) The legislature recognizes that inconsistent practices in and among counties in Washington have resulted in few children being notified of their right to request legal counsel in their dependency and termination proceedings under RCW 13.34.100.
(2) The legislature recognizes that when children are provided attorneys in their dependency and termination proceedings, it is imperative to provide them with well-trained advocates so that their legal rights around health, safety, and well-being are protected. Attorneys, who have different skills and obligations than guardians ad litem and court-appointed special advocates, especially in forming a confidential and privileged relationship with a child, should be trained in meaningful and effective child advocacy, the child welfare system and services available to a child client, child and adolescent brain development, child and adolescent mental health, and the distinct legal rights of dependent youth, among other things. Well-trained attorneys can provide legal counsel to a child on issues such as placement options, visitation rights, educational rights, access to services while in care and services available to a child upon aging out of care. Well-trained attorneys for a child can:
(a) Ensure the child's voice is considered in judicial proceedings;
(b) Engage the child in his or her legal proceedings;
(c) Explain to the child his or her legal rights;
(d) Assist the child, through the attorney's counseling role, to consider the consequences of different decisions; and
(e) Encourage accountability, when appropriate, among the different systems that provide services to children." [2010 c 180 s 1.]
Grievance rules-2000 c 124: "Each superior court shall adopt rules establishing and governing procedures for filing, investigating, and adjudicating grievances made by or against guardians ad litem under Titles 11, 13, and 26 RCW." [ 2000 c 124 s 16.]
Intent-1996 c 249: See note following RCW 2.56.030.
Conflict with federal requirements-1993 c 241: See note following RCW 13.34.030.
Effective date-Severability-1979 c 155: See notes following RCW 13.04.011.
Effective dates-Severability-1977 ex.s. c 291: See notes following RCW 13.04.005.