(1) All guardians ad litem and investigators
appointed under this title must comply with the training
requirements established under RCW 2.56.030(15), prior to their
appointment in cases under Title 26 RCW, except that volunteer
guardians ad litem or court-appointed special advocates may
comply with alternative training requirements approved by the
administrative office of the courts that meet or exceed the
statewide requirements. In cases involving allegations of
limiting factors under RCW 26.09.191, the guardians ad litem and
investigators appointed under this title must have additional
relevant training under RCW 2.56.030(15) and as recommended under
RCW 2.53.040, when it is available.
(2)(a) Each guardian ad litem program for compensated
guardians ad litem shall establish a rotational registry system
for the appointment of guardians ad litem and investigators under
this title. If a judicial district does not have a program the
court shall establish the rotational registry system. Guardians
ad litem and investigators under this title shall be selected
from the registry except in exceptional circumstances as
determined and documented by the court. The parties may make a
joint recommendation for the appointment of a guardian ad litem
from the registry.
(b) In judicial districts with a population over one hundred
thousand, a list of three names shall be selected from the
registry and given to the parties along with the background
information as specified in RCW 26.12.175(3), including their
hourly rate for services. Each party may, within three judicial
days, strike one name from the list. If more than one name
remains on the list, the court shall make the appointment from
the names on the list. In the event all three names are stricken
the person whose name appears next on the registry shall be
appointed.
(c) If a party reasonably believes that the appointed
guardian ad litem lacks the necessary expertise for the
proceeding, charges an hourly rate higher than what is reasonable
for the particular proceeding, or has a conflict of interest, the
party may, within three judicial days from the appointment, move
for substitution of the appointed guardian ad litem by filing a
motion with the court.
(d) Under this section, within either registry referred to
in (a) of this subsection, a subregistry may be created that
consists of guardians ad litem under contract with the department
of social and health services' division of child support.
Guardians ad litem on such a subregistry shall be selected and
appointed in state-initiated paternity cases only.
(e) The superior court shall remove any person from the
guardian ad litem registry who misrepresents his or her
qualifications pursuant to a grievance procedure established by
the court.
(3) The rotational registry system shall not apply to
court-appointed special advocate programs.
[2007 c 496 § 305; 2005 c 282 § 30; 2000 c 124 § 7; 1997 c 41 § 7; 1996 c 249 § 18.]
NOTES:
Part headings not law -- 2007 c 496: See note following RCW 26.09.002.
Intent -- 1996 c 249: See note following RCW 2.56.030.