The Office of the Family and Children’s Ombudsman (OFCO) investigated the number of children who are not represented by a GAL in child abuse and neglect proceedings. This investigation was conducted by collecting data on the number of children in Washington State who are the subject of such proceedings and the number that have been appointed a GAL to represent their best interests.

OFCO collected information on two sets of children: (1) those children whose cases were in the court system at a given point in time and were ongoing; and (2) those children whose cases were commenced during the following year. This dual approach was suggested by the fact that, of all child abuse and neglect filings, one large group is resolved within six months to a year, while another large group remains in the court system for many years. A simple point-in-time survey might have failed to accurately reflect the rather rapid turnover of the first group, while a survey of incoming cases during the period of a year would have underestimated the total ongoing caseload.

The time period under investigation was determined by the accessibility of data available through the Office of the Administrator for the Courts (OAC). Some OAC data is archived and difficult to retrieve after a year elapses. OFCO commenced its investigation in August 1998. Therefore, the most current and easily accessible OAC data was for the year starting August 1, 1997. Accordingly, OFCO selected this date as the point-in-time survey date.

The OAC then supplied OFCO with preliminary information for each county in two groups: first, dependency proceedings that were open and ongoing as of August 1, 1997; and second, dependency proceedings filed between August 1, 1997 and July 31, 1998.

There are three types of GALs: (1) Volunteer; (2) Non-Attorney Professional; and (3) Attorney. OAC was unable to separate Volunteer from Professional GALs under the heading "Total GALs." OFCO therefore developed a questionnaire to clarify, verify and augment the OAC data, to identify the numbers of children represented by particular types of GAL, and to obtain a description of each county’s system for providing GALs and independent counsel to children in dependency actions.

That questionnaire, along with a copy of the OAC data, was mailed to juvenile court administrators in each county. Juvenile court administrators and their assistants, CASA program personnel and others assembled information in response to the questionnaires. OFCO then telephoned a designated official in each county to individually record the responses to the questionnaire, to accurately describe the model used in each county, and to make sure that terms were used consistently. Of the 39 counties in the state, 36 responded.

The information OFCO received from juvenile court officials took several forms. Many officials were able to provide numerical responses to specific questions. Others were able to derive numerical answers from policy and practice. For example, where policy and practice dictated that every child be appointed an attorney GAL, simply knowing the total number of children yielded the number for each type of GAL. Other officials made good faith estimates, especially where different types of GAL were used. Where reliable information is not available, "na" appears in the tables. The data collected by OFCO is consistent with other information sources such as the Department of Social and Health Services (DSHS) (court filings) and the Washington State CASA organization (children served and represented by CASA volunteers).

After completing the survey of county officials, OFCO contacted a number of superior court judges and commissioners who have experience in juvenile court for their views of GAL representation in child abuse and neglect proceedings. Those contacted included members of the Family and Juvenile Law Committee of the Washington Superior Court Judges Association. They also included judges and commissioners currently serving in juvenile court in those counties identified by OFCO’s county survey as having high percentages of unrepresented children or GALs with extremely high caseloads.