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.

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

OFCO collected data on child abuse and neglect proceedings that were open as of August 1, 1997; and for proceedings filed between August 1, 1997 and July 31, 1998. The selection of these dates was based on the availability of statewide data available through the Office of the Administrator for the Courts (OAC). The OAC provided numerical data in several areas. The OAC data was then clarified, verified and augmented in telephone interviews of county officials. A questionnaire and the OAC data were provided to each official before the interview to facilitate compilation of data and to assure the accuracy of responses, especially regarding the potentially confusing terminology in this area.2 All but three of 39 counties responded to OFCO’s request for information.3

The data collected by OFCO is consistent with other information sources, including the Department of Social and Health Services (DSHS) (regarding court filings) and Washington State CASA (regarding children served and represented by volunteer CASAs).

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 include 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. Samples of their comments are found throughout the report.