Order Appointing Guardian Ad Litem On Behalf Of Minor Form. This is a Washington form and can be use in Spokane Local County.
Tags: Order Appointing Guardian Ad Litem On Behalf Of Minor, Washington Local County, Spokane
(Copy Receipt) (Clerk’s Date Stamp) SUPERIOR COURT OF WASHINGTON COUNTY OF SPOKANE In re the Marriage of: CASE NO. ____________________ Petitioner: ______________________________ And ORDER APPOINTING GUARDIAN AD LITEM ON BEHALF OF MINOR Respondent: _____________________________ (ORAPGL) I. BASIS 1.1 BASIS FOR THE APPOINTMENT. This appointment is being made pursuant to RCW 26.09 Dissolution RCW 26.50 Domestic Violence RCW 26.26 Parentage Act OTHER: RCW 26.10 Non-Parental Custody RCW 26.33 Adoption RCW 26.44 Abuse of Children ORDER APPOINTING GAL WPF DR 04.0200 (1/2005) Spokane County LSPR 94.05 (e); RCW 26.09.110; .140; .220 PAGE 1 OF 7 Rev: 1/2005 American LegalNet, Inc. www.USCourtForms.com 1.2 CHILDREN TO WHOM THE ORDER APPLIES. The petitioner respondent court moved for appointment of a guardian ad litem for the following minor child(ren) in this action: Name Age II. FINDINGS After reviewing the case record to date and the basis for the motion, the Court FINDS that the motion should be granted because appointment of a guardian ad litem is in the best interest of the child(ren). III. ORDER IT IS ORDERED THAT: 3.1 APPOINTMENT OF GUARDIAN AD LITEM. _______________________________________is appointed as guardian ad litem for the abovenamed minor child(ren) of the parties and shall receive copies of all pleadings and notice of all court proceedings regarding the child(ren). OTHER: Scope: A full investigation as needed to address issues related to a residential Plan for the child; A limited investigation: Issues to be addressed: A limited investigation to determine the issue of parentage only; Other: ___________________________________________________________________ The guardian ad litem duties are defined by the scope of the appointment. ORDER APPOINTING GAL WPF DR 04.0200 (1/2005) Spokane County LSPR 94.05 (e); RCW 26.09.110; .140; .220 PAGE 2 OF 7 Rev: 1/2005 American LegalNet, Inc. www.USCourtForms.com 3.2 DUTIES OF THE GUARDIAN AD LITEM. The guardian ad litem shall investigate and report factual information to the court concerning parenting arrangements for the child(ren), and shall represent the child(ren)’s best interests. The guardian ad litem may make recommendations based upon an independent investigation regarding the best interests of the child(ren). The guardian ad litem shall report a child(ren)’s expressed preferences regarding the parenting plan to the court, together with the facts relative to whether any preferences are being expressed voluntarily and the degree of the child(ren)’s understanding. The guardian ad litem shall make a full and complete written report to the court and counsel/parties on or before ____________________ (Date) or pursuant to the Domestic Case Schedule Order. This report shall include recommendations and bases for those recommendations. OTHER: The guardian ad litem may make a preliminary report (written or oral) to the court and counsel/parties on or before _____________________. (Date) For all purposes of this Order the guardian ad litem shall be deemed an Expert under Evidence Rule 706. Duties of the guardian ad litem shall be limited by the scope of the appointment. See Section 3.1 “Other”. 3.3 OTHER DUTIES. Other duties of the guardian ad litem include appearing at all court hearings and pretrial conferences within the scope of appointment unless excused by the court and assisting the parties and counsel in reaching a resolution of the matters involving said child(ren). 3.4 GUARDIAN AD LITEM ACCESS TO CHILD(REN), RECORDS AND INFORMATION To facilitate reasonable investigation of information pertaining to the best interest of the child(ren), the guardian ad litem shall have access to the child(ren) and to all records and information, including authorization to speak with interested persons, from the following sources: law enforcement agencies; Child Protective Services (or the equivalent out-of-state agency); health care providers; mental health care providers; child care providers; the Department of Social and Health Services (or the equivalent agency in another state); and educational institutions. These agencies may withhold or blackout portions of requested information as warranted by law or by court order. The guardian ad litem shall maintain the confidentiality of information except as necessary to fulfill his or her duties as guardian ad litem. Within the scope of appointment, the guardian ad litem shall have access to all Superior Court and Juvenile Court files, including any sealed/confidential portions thereof, other than records sealed pursuant to RCW 13.50.050(7). All information obtained from sealed or confidential files shall remain sealed or confidential, and the guardian ad litem shall inform the court if the guardian ad litem report contains sealed or confidential information. ORDER APPOINTING GAL WPF DR 04.0200 (1/2005) Spokane County LSPR 94.05 (e); RCW 26.09.110; .140; .220 PAGE 3 OF 7 Rev: 1/2005 American LegalNet, Inc. www.USCourtForms.com The court clerk shall provide certified copies of this order to the guardian ad litem upon request and without charge. Upon good cause shown, the guardian ad litem or the parties may move that the court make confidential any reports or documents placed in the court file by the guardian ad litem. OTHER: The guardian ad litem shall also have access to alcohol and drug treatment records whether written or oral and including but not limited to TASC and other information regarding the child/children and the parties. These records shall be released directly to the guardian ad litem upon presentation of a copy of this order, either in person or by mail, at no cost. The guardian ad litem shall have access to all records indicated herein at no cost for the child/children and each parent. Access to all records indicated herein shall include records of child/children over the age of 12 if that/those child/children have signed this order. The parties and their attorneys agree that the guardian ad litem may redisclose in his/her report any and all mental and physical health treatment records, criminal histories, police records, and alcohol/drug treatment history of the parties. 3.5 PAYMENT OF FEES AND COSTS. The guardian ad litem fee is $______________ per hour up to $__________________, the maximum the guardian ad litem may charge without additional court review and approval. The fees and costs of the guardian ad litem shall be paid as follows: ___________ % by father and ____________ % by mother ____________ % by other : _____________________ OTHER: In private pay cases, the fees and costs of the guardian ad litem shall be paid as follows: The initial advance of $______________ shall be paid as follows: __________% by petitioner __________% by respondent __________% by other The guardian ad litem is not obligated to begin the investigation until the initial advance is paid. The advance is not a fixed fee. Parties are responsible for their proportionate share of fees on a Monthly basis, once the advance is exhausted. ORDER APPOINTING GAL WPF DR 04.0200 (1/2005) Spokane County LSPR 94.05 (e); RCW 26.09.110; .140; .220 PAGE 4 OF 7 Rev: 1/2005 American LegalNet, Inc. www.USCourtForms.com The balance of any fees/costs owing to the guardian ad litem, once the advance is exhausted, shall be paid as follows: _____________% by petitioner _____________% by respondent _____________% by other The guardian ad litem may be discharged, pursuant to court order, for non-payment of the Initial advance, or non-payment of the monthly bill for guardian ad litem fees and/or costs. Interest shall accrue on any unpaid balance at the rate of 12% per annum. A guardian ad litem’s fees should be paid by Spokane County only if there are allegations of abuse and neglect to the minor children when parties have established indigence. In County pay Cases, the guardian ad litem fees/costs shall be paid as follows: Spokane County shall pay a maximum of $1,000.00 in fees, at a rate of $50.00/hour. The Petitioner shall contribute___________________ The Respondent shall contribute _________________ The total amount awarded shall be at the discretion of the court up to the maximum amount allowed after the guardian ad litem files an itemized statement of time with the court, along with a specific request for fees and a proposed Order. Guardians ad litem who are not volunteers shall provide the parties with an itemized accounting of their time and billing for services each month. Bills to Spokane County must be submitted for payment within 60 days of the entry of the Final Parenting Plan or discharge, whichever is later. 3.6 CONSENT OF CHILDREN OVER TWELVE TO INVESTIGATION. Does not apply. ______________________________ has/have reached the age of twelve. Written consent for the guardian ad litem to consult with and obtain information from medical, psychiatric, or other experts who have served the child(ren) in the past[ ] has [ ] has not been given by the child. 3.7 AUTHORIZATION FOR RELEASE OF INFORMATION. Does not apply. Each party’s signature hereunder constitutes an authorization for release of information by that party to the agencies listed in paragraph 3.4, above. ORDER APPOINTING GAL WPF DR 04.0200 (1/2005) Spokane County LSPR 94.05 (e); RCW 26.09.110; .140; .220 PAGE 1 OF 7 Rev: 1/2005 American LegalNet, Inc. www.USCourtForms.com 3.8 TERMINATION OF APPOINTMENT The appointment terminates: Upon entry of the final parenting plan or residential schedule. Other: _________________________________________________________________________ _ 3.9 OTHER: a. After the guardian ad litem’s investigation has been completed, the guardian ad litem shall meet with the parties and their counsel. The guardian ad litem shall reveal all sources relied upon and shall present, in general terms, recommendations according to the scope of appointment. The parties, after consulting with their respective attorneys may attempt to resolve matters at issue. This conference is not a settlement conference or mediation. If resolution is reached the parties are to place the agreement on the record immediately in the Family Law Center or Ex Parte Court. If resolution is not reached at the conference, the guardian ad litem shall draft a written report pursuant to the Domestic Case Scheduling Order. The parties, counsel and the guardian ad litem shall meet for a parenting conference on the ______ day of___________________, 20___________ at ________________ a.m./p.m. in the Family Law Center, room 101, Spokane County Superior Courthouse, 1116 W. Broadway, Spokane, Washington. b. Discovery involving the child/children: All parties are to comply with Local Rule 94.05(e). c. Confidentiality (LSPR 94.05(g)): THE REPORT OF THE GUARDIAN AD LITEM IN A PROCEEDING UNDER RCW TITLE 26 SHALL BE TREATED AS A CONFIDENTIAL DOCUMENT BY THE CLERK OF COURT, THE PARTIES AND THEIR COUNSEL UNLESS OTHERWISE ORDERED BY THE COURT. HOWEVER, ATTORNEYS OF RECORD MAY USE AND DISCLOSE SUCH INFORMATION FROM THE REPORT THAT IS REASONABLY NECESSARY FOR THEIR INVESTIGATION OF THE CASE AND FOR TRIAL PREPARATION. ATTORNEYS ARE PROHIBITED FROM REPRODUCING OR DISTRIBUTING ANY PORTION OF THE WRITTEN REPORT TO ANY PERSON OTHER THAN THE ATTORNEY’S CLIENT WITHOUT FURTHER ORDER OF THE COURT. PARTIES REPRESENTING THEMSELVES SHALL BE SUBJECT TO THE SAME USE AND DISCLOSURE LIMITATIONS AS ATTORNEYS. THE COVER SHEET OF ORDER APPOINTING GAL WPF DR 04.0200 (1/2005) Spokane County LSPR 94.05 (e); RCW 26.09.110; .140; .220 PAGE 1 OF 7 Rev: 1/2005 American LegalNet, Inc. www.USCourtForms.com THE REPORT SHALL BE MARKED “CLERKS ACTION REQUIRED” AND INDICATE THAT IT IS CONFIDENTIAL PURSUANT TO LSPR 94.05(g). THIS RULE SHALL NOT APPLY TO GUARDIAN AD LITEM REPORTS PROVIDED UNDER RCW TITLE 11, MINOR SETTLEMENTS OR OTHER SIMILAR MATTERS. Dated: Judge/Commissioner Presented by: Approved for entry: Notice of presentation waived: Signature Signature Print or Type Name Print or Type Name ACCEPTED UPON APPROVAL BY THE COURT Guardian Ad Litem Signatures of the Parties Mother’s Signature Father’s Signature Child’s Signature (See Paragraph 3.6) Child’s Signature (See Paragraph 3.6) ORDER APPOINTING GAL WPF DR 04.0200 (1/2005) Spokane County LSPR 94.05 (e); RCW 26.09.110; .140; .220 PAGE 2 OF 7 Rev: 1/2005 American LegalNet, Inc. www.USCourtForms.com