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Section 4

RECOMMENDATIONS

State and county officials should take steps necessary to ensure compliance with the letter and spirit of CAPTA funding requirements. These include, but are not limited to: (1) increasing the number of GALs to a level that is sufficient to provide representation for all children who are involved in child abuse and neglect proceedings; (2) amending state law to remove the "good cause" exception; and (3) reviewing and, if necessary, reducing the caseloads of professional GALs in Pierce, Spokane, and Yakima counties. In addition to ensuring compliance with CAPTA, these steps would reinforce the right of Washington children to a "speedy resolution" of their cases, and help shorten children’s stay in substitute care.1

Recommendation #1: Increase the Number of GALs

The number of GALs should be increased to a level that is sufficient to ensure appointment for all children who are involved in child abuse and neglect proceedings. State policy makers should consider appropriating funds to establish or expand CASA volunteer programs. In 1997, the Office of the Administrator for the Courts issued a report which recommended that the state "encourage [but not mandate] the use of CASAs for all [child abuse and neglect] cases by appropriating funds for the establishment of new CASA programs and for the maintenance of existing CASA programs."2 A recent review by the Washington State Institute for Public Policy of the effectiveness of CASA volunteers in Washington State found that CASA volunteers: (1) consistently fulfill their mandate; (2) enjoy widespread support among community professionals; (3) are overwhelmingly preferred by community professionals over paid GALs; and (4) received an average ranking of 7.9 by community professionals on a scale of 1 to 10, with 10 defined as outstanding. The report also found that CASA programs are cost-effective compared to paying for an attorney or other professional to provide an equivalent level of service in terms of time expended. The average amount of cost per case is about $500.3 Currently most funds for GAL programs are provided by counties. State funding supports two pilot CASA volunteer programs and an enhanced recruitment effort in three counties.

Recommendation #2: Remove the "Good Cause" Exception

The statutory good cause exception should be deleted to make clear that it is the state’s policy that a GAL be appointed to represent the best interests of every child who is the subject of a child abuse and neglect proceeding.

Recommendation #3: Review Existing Caseloads

County officials in Pierce, Spokane, and Yakima counties should review and take appropriate steps to reduce the caseloads of professional GALs in their jurisdictions to ensure that they have the time necessary to conduct thorough investigations of a child’s circumstances. The caseloads of professional and attorney GALs in other counties should also be reviewed for this purpose.

1RCW 13.34.020.
2OAC/Guardian Ad Litem Project Final Report, Office of the Administrator for the Courts (1997), at p. 19.
3WSIPP Report, supra, at p. 43. A case consists of about 30 hours of investigation, monitoring, and court appearances.