Executive Summary

Executive Summary

The Office of the Family and Children’s Ombudsman (OFCO) was established to work independently on behalf of children in need of state protection and on behalf of families and children who are involved with the state because of child abuse and neglect issues. As an independent office within the Office of the Governor it is OFCO’s mission to protect children and families from potentially harmful agency acts or omissions by governmental agencies. It is also OFCO’s mission to identify significant problems and recommend improvements in the child protection and welfare system.

Basis for this Report

OFCO’s investigation into the issue of children’s representation by guardians ad litem (GAL) was prompted by a pattern of complaints received by the office in which the affected child was reported as having no one to represent him or her in child abuse and neglect proceedings. Abused and neglected children who are involved in court proceedings are entitled under federal law to have their best interests represented by a GAL. The federal Child Abuse Prevention and Treatment Act (CAPTA) requires states receiving CAPTA grants to certify that the state has in effect, and is enforcing, a state law that for every case involving an abused or neglected child which results in a judicial proceeding, a GAL shall be appointed to represent the child’s best interests. Washington State receives approximately $1.25 million per biennium in CAPTA grants, and has made the required certification.

Data Collection

OFCO investigated the number of children who are not represented by a GAL in child abuse and neglect proceedings 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. The Washington Office of the Administrator for the Courts (OAC) provided OFCO with numerical data in several areas. The OAC data was then clarified, verified and augmented in telephone interviews of county officials. 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.

GAL Representation in Washington State

It is the role of guardians ad litem in child abuse and neglect proceedings to investigate a child’s circumstances and provide the court with independent recommendations on what constitutes the child’s best interests. This role is significant because the courts are called upon to independently determine whether, due to alleged parental deficiencies, a child is dependent or a parent and child relationship should be terminated. It is the role of the court to ensure that the state is acting in the best interest of each child who is the subject of such a proceeding.

Washington counties employ different models of GAL representation:

Volunteer Court-Appointed Special Advocate (CASA): CASA volunteers are lay members of the community who are trained and supervised through county-based CASA programs. Twenty-five of Washington’s 39 counties currently have CASA programs.

Professional GAL: Some courts appoint non-attorney professionals, e.g., probation officers, social workers, to act as GALs in child abuse and neglect proceedings.

Attorney GAL: Some courts appoint attorneys to serve as GALs for children in child abuse and neglect proceedings.

Washington law requires the court to appoint a GAL for children who are the subject of a child abuse and neglect proceeding. State law also allows the court to decide not to appoint a GAL if it finds for "good cause" that the appointment is unnecessary. Washington State is the only state in the country with a statutory good cause exception.

Findings and Recommendations

Based on the results of its investigation, OFCO makes the following findings and recommendations:

Children Not Represented by a GAL

OFCO has found that approximately one-third of Washington children who are involved in child abuse and neglect proceedings do not have a guardian ad litem to represent their best interests. These children are concentrated in seven Washington counties: Benton, Franklin, Clark, King, Kitsap, Snohomish, and Spokane.

It is the undisputed practice in several counties not to appoint GALs in certain situations, or for some children. Washington’s statutory good cause exception does not appear to authorize these practices. The Washington State Court of Appeals has made clear that the practice of failing to appoint a GAL, or finding good cause not to appoint a GAL based on lack of resources, is a violation of the state’s mandate to appoint. Moreover, because the exception authorizes courts not to appoint a GAL in certain instances, the good cause exception appears to violate CAPTA’s universal mandate to appoint in all instances. If in conflict with CAPTA’s funding requirements, the good cause exception is, according to Washington law, inoperative.

Children in child abuse and neglect proceedings suffer when they do not have advocates for their best interests. Research clearly indicates that in cases where children are not represented by a GAL, the cases take longer to resolve, and the children themselves are likely to spend significantly more time in substitute care, compared to cases in which children are represented by a GAL.

Recommendations: OFCO recommends that: (1) the number of GALs be increased to a level that is sufficient to ensure appointment for all children who are involved in child abuse and neglect proceedings; and (2) the statutory good cause exception 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. In addition to ensuring compliance with CAPTA, the implementation of these recommendations would reinforce the right of Washington children to a "speedy resolution" of their cases, and help shorten children’s stay in substitute care.

Caseload Concerns

Information obtained during OFCO’s survey of county officials indicates that children in three counties are served by professional GALs with extremely high caseloads. In Pierce County, each professional GAL represents on average about 140 children at one time, while Spokane County reports that at least one professional GAL has a caseload of about 90 children. Yakima County reports that the single, full-time professional GAL represents about 400 children, while a half-time professional GAL represents about 150 children. The concern over high caseloads in these counties was reinforced in comments by the superior court judges and commissioners contacted by OFCO.

High caseloads limit the amount of time that a GAL can devote to each case. The amount of time that a GAL is able to expend on a child’s case is important. CAPTA states that GALs are "to obtain first-hand, a clear understanding of the situation and needs of the child." This generally requires thorough investigation. Moreover, community professionals agree that the most effective vehicle for identifying, advocating for, and representing the child’s best interests is thorough investigation of the child’s circumstances. Thorough investigation often requires a significant investment of time.

Recommendation: OFCO recommends that county officials in Pierce, Spokane, and Yakima counties review and take appropriate steps to reduce the caseloads of professional GALs in their jurisdictions to reasonably ensure that these GALs have the time necessary to conduct thorough investigations of a child’s circumstances. The caseloads of professional and attorney GALs in other counties should be reviewed as well for this purpose.