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Family Law Guardian Ad Litem Investigations WASHINGTON STATE Title 26 Family Law Guardian Ad Litem Guidebook Washington State Administrative Office of the Courts 1112 Quince Street SE PO Box 41170 Olympia, WA 98504-1170 Page i COPYRIGHT© 2008 © 2008 by the Washington State Administrative Office of the Courts. These materials have been prepared for the training of Washington State Family Law Guardians ad Litem, and neither the editors or authors make either express or implied warranties in regard to these materials. Each user must depend upon his or her own knowledge and legal expertise or that of an attorney in the use or modification of these materials. The reader may download or print these materials for personal use. However, no person or entity shall copy or distribute this Guidebook, or any portion of it, for profit except by permission the Washington State Administrative Office of the Courts. Washington State Administrative Office of the Courts 1112 Quince Street SE PO Box 41170 Olympia, WA 98504-1170 Page ii ACKNOWLEDGMENTS In 1996, the Washington State Legislature required the Administrative Office of the Courts (AOC) to develop a curriculum for prospective guardians ad litem in family law cases under Title 26 RCW. The requirement was mandatory as of January 1, 1998. In 2005, stakeholders in the GAL programs called for a revision in the curriculum. AOC convened a Title 26 Revision Committee to review and revise the original curriculum. The need for a statewide guidebook was identified during that process. The 2006 – 2007 Title 26 Curriculum Revision Committee, chaired by Pierce County Superior Court Judge Kitty-Ann van Doorninck, consisted of Jorge Chacon, Guardian ad Litem in Wenatchee; Marilyn Finsen, Assistant Administrator, Snohomish County Superior Court; Margaret E. Fisher, AOC; David M. Hardy, Administrator, Spokane County Superior Court; Peter J. Karademos, Attorney at Law; Karen Kirk, Family Court Services Coordinator, Benton County Superior Court; Roxanne Mennes, Guardian ad Litem Training Provider, King County Bar Association; and Commissioner Tracy Waggoner, Snohomish County Superior Court. One obstacle remained that might have prevented the production of a Family Law GAL Guidebook. That obstacle was funding. The following entities made production of this Guidebook possible. AOC Gender and Justice Commission Washington State Bar Family Law Section Spokane County Superior Court’s Family Law GAL committee American Academy of Matrimonial Lawyers, WA Snohomish County Bar Association Clark County Bar Association Tacoma Pierce County Bar Association King County Bar Association Please join the Washington State Administrative Office of the Courts in thanking these entities for their generous contributions. Page iii Page iv TABLE OF CONTENTS Page CHAPTER 1 INTRODUCTION TO SERVICE AS A FAMILY LAW GAL .................................................. 1-1 CHAPTER 2 ETHICS AND PROFESSIONAL CONDUCT FOR FAMILY LAW GUARDIANS AD LITEM .................................................................................................... 2-1 CHAPTER 3 LAWS AD LEGAL PROCESS FOR FAMILY LAW GUARDIANS AD LITEM ........................ 3-1 CHAPTER 4 FAMILY LAW GUARDIAN AD LITEM INVESTIGATIONS .................................................. 4-1 CHAPTER 5 INTERVIEWING ADULTS AND CHILDREN IN FAMILY LAW GAL INVESTIGATIONS ...... 5-1 CHAPTER 6 REPORT WRITING FOR FAMILY LAW GUARDIANS AD LITEM ...................................... 6-1 CHAPTER 7 CHILD DEVELOPMENT .................................................................................................... 7-1 CHAPTER 8 WHAT A GUARDIAN AD LITEM SHOULD KNOW ABOUT CHEMICAL ABUSE/DEPENDENCY ........................................................................ 8-1 CHAPTER 9 CHILD ABUSE AND NEGLECT ......................................................................................... 9-1 CHAPTER 10 UNDERSTANDING THE DYNAMICS OF DOMESTIC VIOLENCE ..................................... 10-1 Page v TABLE OF CONTENTS Page CHAPTER 11 PERSONAL SAFETY ....................................................................................................... 11-1 CHAPTER 12 CULTURAL COMPETENCY ............................................................................................ 12-1 CHAPTER 13 PUTTING IT ALL TOGETHER ........................................................................................ 13-1 Chapter 14 Revised Code of Washington ..................................................................................... 14-1 Page vi CHAPTER 1 INTRODUCTION TO SERVICE AS A FAMILY LAW GAL Chapter 1 Page 1 INTRODUCTION TO SERVICE AS A FAMILY LAW GAL Submitted by Roxanne Mennes A guardian ad litem (GAL) is an adult who is appointed by the court to represent the best interests of a vulnerable or underage individual for a specific purpose, for a specific period of time. Under the direction of the court, a GAL performs an investigation and prepares a report. To become a GAL, an individual must complete an initial training program, provide background information to the court(s) in which the GAL wishes to serve, and meet all eligibility requirements set by individual county local court rules. ( See Washington Courts at: http://www.courts.wa.gov/committee/?fa=committee.display&item_id=314&committee_id=105 ). There are different types of GALs. Some investigate whether an aging adult is incapacitated. Some investigate child abuse, neglect and foster care issues. Some investigate settlement offers in personal injury cases. Family Law GALs investigate child custody disputes. Even though all GALs investigate what might be in the “best interest” of a vulnerable or underage person, the duties and responsibilities differ widely in each type of GAL assignment. The legal term “best interest” conforms to the statutes, rules and caselaw in each category of GAL work. This Guidebook will focus only on Washington State Family Law GALs, who investigate child custody issues. Just like there are different types of GALs, there are different types of child custody disputes. Family Law GALs may be appointed in the following five types: 1. Dissolution: The parents are getting a divorce and a parenting plan must be ordered by the court. 2. Paternity: The parents are not married and a parenting plan must be ordered by the court. 3. Modification: A parenting plan was ordered by the court in the past, but one or both parties are seeking to change the parenting plan. 4. Relocation: One of the parents is seeking to move the child to a new location. 5. Third Party Custody: Someone who is not a parent has petitioned the court for custody, i.e., Grandparent or relative. 1 While each type of child custody dispute differs from the rest, two factors remain constant for GALs. Family Law GALs are generally appointed in high conflict cases and the court needs additional information from a neutral source. The parties are typically struggling through very difficult child custody disputes that generate intense and painful emotions. Emotions can become so intense that the parties are unable to think or communicate rationally at times. Complex issues related to temporary or lifelong mental health issues might generate additional conflict between the parties or confusion for the court. Concerns about domestic violence, child 1 Cases of Dependency, Child Abuse or Neglect are governed by RCW 13.34.100. GALs appointed ander this statuste are often called Dependency GALs. This Guidebook will focus only on GALs appointed under RCW 26.12.175, commonly referred to as Family Law GALs. Chapter 2 Page 2 abuse or neglect might come into question. Substance abuse issues might concern or confuse the court. In short, child custody disputes involve families in varying degrees of crisis and the court appoints a GAL to gather more information it needs to make a decision. 2 The role of a GAL is very different than anyone else associated with a child custody court case. Parties pursue their own interests. Lawyers advocate specifically for their clients. Doctors, social workers and therapists professionally evaluate and diagnose conditions. GALs do not act as lawyers, therapists or parties in the case. GALs do not provide legal advise, counseling or diagnosis. However, it is important that GALs become knowledgeable about family law and generally accepted therapeutic or diagnostic tools so the GAL’s report will be useful to the court. Three primary sources govern the appointment and work of a GAL: 1. RCWs: The Revised Code of Washington statutes govern appointment, duties and responsibilities of GALs. (See RCW 26.12.175 at http://apps.leg.wa.gov/RCW/default.aspx?cite=26.12.175 ). 2. Local Rules: Each county may have additional rules and policies that govern appointment, duties and responsibilities of GALs. These are called local rules. (A directory of courts can be found at http://www.courts.wa.gov/court_dir/?fa=court_dir.county . Local rules may be posted on the county’s court webpage or available at a local law library.) 3. Order of Appointment: When a court appoints a GAL, the court enters an Order of Appointment that specifies the scope of the GAL appointment. GALs should take care to read the Order of Appointment carefully. (A sample template of an Order Appointing Guardian ad Litem on Behalf of Minor is available at http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=62 ). Family Law GALs are expected to have read and understood the statutes, local rules and order of appointment prior to any investigation. Furthermore, GALs are expected to be familiar with the basic elements
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