Title 26 Guardian Ad Litem / Evaluations

TITLE 26 GUARDIANS AD LITEM (GALs) AND COURT ORDERED EVALUATIONS

Guardian ad Litem/County Paid GAL. Upon motion of the parties or on the Court’s own motion, the Court may appoint a Guardian ad Litem (GAL) or a County Paid Guardian ad Litem. All Guardians ad Litem shall be in good standing on the Benton and Franklin Counties Superior Court Guardian ad Litem Registry.  See below for list of approved Title 26 Court-Approved GALs: 

Title 26 Court-Approved Guardians ad Litem

1. Deadline and scope. When the Court appoints a County-paid GAL, the County-Paid GAL shall submit a preliminary report to the parties and the court within 30 days of appointment, unless the order provides otherwise. The order appointing a County-paid GAL shall be limited in scope and shall be limited to gathering documents and outlining the facts relevant to the statutory factors, if any. If Child Protective Services and/or law enforcement are conducting parallel investigation(s), the County-paid GAL shall note such in the report, but these parallel investigations do not guarantee a continuance of the deadline for the County-paid GAL report.
2. Service and notice required. Pursuant to applicable procedures/rules, from the date of the appointment, the GAL shall receive copies of all documents that are to be served on parties, copies of all discovery, and notice of all hearings and presentations related to the residential schedule, decision making, or other child- related issues (other than support). Any party who requires the GAL at a trial related to child residential schedule, shall prepare and serve a subpoena on the GAL for mandatory appearance by GAL.
3. Discharge. Unless otherwise set forth in Local Court Rules/procedures, the GAL shall be discharged only by order of the Court upon motion, completion of a declaration by the GAL, or upon completion of the parenting plan, which requires the GAL’s signature.
4. GAL disapproval of parenting plan. In any case where a GAL has been appointed and does not agree with an Agreed Final Parenting Plan, with the exception of a case being determined by a judicial officer after trial, prior to entry of the final parenting plan or residential schedule, the GAL must sign a declaration indicating the GAL has reviewed the final order does not approve or approves in part, and state the reasons therefor.
5. Evaluations, tests, assessments, and other third-party observations. Upon motion of a party or the Court’s own motion, the Court may order a custody or parenting evaluation, mental health evaluation, alcohol or drug evaluation, mediation, treatment, counseling, physical examination, or other evaluation or assessment permitted by law, including the applicable portions of the Family Court Chapter, RCW 26.12. The Court will determine the need for appointment of professionals and direct either or both parties to pay for services deemed necessary. The issue of costs shall be addressed in the order requiring said services. Such motions and corresponding responses must include six months of pay stubs, two years of tax returns, and a current financial declaration if there is not an agreement on allocation of the cost of such evaluation(s).