(1) In any
judicial proceeding under this chapter or chapter 13.34 RCW in
which it is alleged that a child has been subjected to child
abuse or neglect, the court shall appoint a guardian ad litem for
the child as provided in chapter 13.34 RCW. The requirement of a
guardian ad litem may be deemed satisfied if the child is
represented by counsel in the proceedings.
(2) At any time prior to or during a hearing in such a case,
the court may, on its own motion, or the motion of the guardian
ad litem, or other parties, order the examination by a physician,
psychologist, or psychiatrist, of any parent or child or other
person having custody of the child at the time of the alleged
child abuse or neglect, if the court finds such an examination is
necessary to the proper determination of the case. The hearing
may be continued pending the completion of such examination. The
physician, psychologist, or psychiatrist conducting such an
examination may be required to testify concerning the results of
such examination and may be asked to give his or her opinion as
to whether the protection of the child requires that he or she
not be returned to the custody of his or her parents or other
persons having custody of him or her at the time of the alleged
child abuse or neglect. Persons so testifying shall be subject
to cross-examination as are other witnesses. No information
given at any such examination of the parent or any other person
having custody of the child may be used against such person in
any subsequent criminal proceedings against such person or
custodian concerning the alleged abuse or neglect of the child.
(3) A parent or other person having legal custody of a child
alleged to be abused or neglected shall be a party to any
proceeding that may impair or impede such person's interest in
and custody or control of the child.
[1997 c 386 § 28; 1996 c 249 § 16; 1994 c 110 § 1; 1993 c 241 § 4. Prior: 1987 c 524 § 11; 1987 c 206 § 7; 1975 1st ex.s. c 217 § 8.]
NOTES:
Application -- Effective date -- 1997 c 386: See notes following RCW 13.50.010.
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.