Pursuant to RCW 13.34.100 a GAL must be appointed in all contested dependency proceedings unless a court, for good cause, finds the appointment unnecessary, or, in lieu of appointing a GAL, the court appoints counsel to represent the child. Because our GAL program involves volunteer guardians only, and because they are a scarce resource that we most conserve and use wisely, the following approach to the appointment of a GALs (sic) should be applied, absent special circumstances.

1. If the alleged basis for asserting dependency cited in the dependency petition did not involve abuse or neglect, no GAL would be considered, unless specific developments in the case cause a reconsideration of the issue.
2. A designated GAL Assistant Program Manager (APM) will review, screen, and make recommendations regarding the appointment of a GAL at the 72 hour hearing. The GAL APM will utilize the attached appointment referral considerations as a basis for making recommendations.
3. In all cases involving allegations of abuse or neglect where there is insufficient information to make a determination regarding a GAL appointment, the case shall be referred to the GAL staff for review and recommendation at the next scheduled hearing or for ex-parte action.
4. Where there has been a referral to GAL staff, a short check sheet will be filled out by the referring judge, checking off specific areas of concern or issues which will likely be contested at the next hearing. (This check sheet is available to counsel only if specifically requested.)
5. Where allegations of abuse or neglect have been made there should be no GAL appointed if the court is satisfied the referral concerns are not likely to be serious issues requiring GAL input at the next hearing.
6. If pending the next hearing the GAL staff feel a GAL should be appointed, they may present an ex-parte order for appointment.
7. If a GAL has been ordered, the continuing need for a GAL should be evaluated at each subject hearing. If no longer need (sic), the GAL should be discharged.

The essence of this methodology is to appoint a GAL only when the need for a GAL to ensure the protection of the child has been made readily apparent and to most effectively utilize and retain the volunteer resources of the GAL Program.

Approved July 22, 1992

GAL APPOINTMENT/REFERRAL CONSIDERATIONS

1. Placement:

1. If placed with the non-offending parent, that parent’s ability, commitment, or cooperation in accepting the necessary services to protect, counsel, and/or treat the child is not in question;
2. Placement with a relative does not create a substantial risk to the child;
3. Foster/group care placement is not in substantial contest by parent or child;
4. Geographic location of placement presents unreasonable demands for GAL involvement.

2. Parental Contact:

1. Parental visitation is not subject to monitoring, or conditioned on compliance with court orders;
2. Child is not likely to be traumatized by parental contact;
3. Maintenance of child’s bonding with parent(s) is not a significant issue;
4. The parents or siblings have not been the subject of any extensive history of prior agency complaints or dependencies.

3. Child Risk Factors:

1. Alleged abuse/neglect is not of a severe or chronic nature;
2. Services for child with special mental or physical handicaps are appropriate;
3. Only one parent is a significant risk to the child;
4. Child is not suicidal, uncontrollable, committing crimes, abusing substances, or otherwise uncooperative;
5. A permanent plan for the child is not in question.

4. Special Needs:

1. Child is not in need of additional special services for mental or physical handicaps, substance abuse, mental illness, sexual/physical/emotional abuse, behavior, or anger control; all necessary services are being provided;
2. Parent(s) is/are not in need of services for substance abuse, anger management, mental problems, parenting skills, in-home services, etc.; and delivery and availability of services is not in question.

Approved July 22, 1992