Guardian ad Litems/Court Visitors

1. Purpose Statement. The procedure for handling grievances and/or imposing discipline against a Guardian ad Litem/Court Visitor provided hereunder are intended to facilitate a process which is fair, expedited, and protective of all participants as well as respectful of judicial time and resources.
2. Procedures for Filing a Grievance. Only a party to a case may file a grievance against a Guardian ad Litem/Court Visitor. Grievances against Guardians ad Litem/Court Visitor shall be made in writing, be signed under the penalty of perjury, and be addressed to the Court Administrator. Neither the grievance nor any documentation related to the grievance, including a decision on the grievance, shall be filed in the court file.
   • The grievance must include the following information.
     • The name, mailing address, telephone number, and e-mail address (if any) of the party filing the grievance;
     • The case number and case name;
     • The name of the Judge or Court Commissioner hearing the case;
     •  The trial date; 
     • Whether the party filing the grievance has discussed the grievance with the Guardian ad Litem/Court Visitor;
     • What action the Guardian ad Litem/Court Visitor has taken to address the grievance;
     • Which provision(s) of the Order Appointing Guardian ad Litem/Court Visitor or of these policies the party filing the grievance is claiming the Guardian ad Litem/Court Visitor has violated;
     • A complete statement of the specific facts underlying each alleged violation, as set forth in subsection (C) below; and
     • What the party filing the grievance is requesting be done to correct the problem complained of and why.
   • The grievance must state with specificity the act or failure to act of concern to the complaining party as it relates to the grounds outlined below which are also grounds for denial of listing on, removal from or temporarily suspending the Guardian ad item/Court Visitor from the registry:
     • There has been a violation of the Guardian ad Litem/Court Visitor Code of Conduct;
     • There has been a misrepresentation of his or her qualification to be a Guardian ad Litem/Court Visitor; or
     • Has not met the annual update requirements; and/or
     • Any reason that would place the suitability of the person to act as Guardian ad Litem/Court Visitor in question, including, but not limited to the following:
       1. Breach of confidentiality;
       2. Falsifying information on the application;
       3. Falsifying information in a Court report;
       4. Failure to report abuse of a child;
       5. Ex-parte communication;
       6. Representing the court in a public forum, without prior approval of the Court;
       7. Violation of state, or local laws, rules of the policy, policies while a Guardian ad Litem/Court Visitor; and
       8. Dissemination of Bi-Pen (Bi-County Police Information) records.
3. Initial Screening of Grievance. The Court Administrator shall forthwith forward the grievance to the Administrative Presiding Judge for initial screening. If it is clear on the face of the grievance that the grievance is without merit, the Administrative Presiding Judge shall dismiss the grievance, providing a copy of such dismissal to the complaining party and the affected Guardian ad Litem/Court Visitor. The Administrative Presiding Judge shall endeavor to complete the initial screening within fourteen (14) days of filing of the grievance. The matter will be closed and the grievance shall be held as a confidential, sealed record in the files of the Court Administrator unless merit has been found.
4. Grievances Filed During the Pendency of a Case. If a grievance is not dismissed under section C above and the grievance pertains to a pending case or if trial in the pending case is underway, the Court Administrator shall, within three (3) business days of receipt, forward the grievance to the Administrative Presiding Judge or if trial is underway, to the judicial officer assigned to hear the trial, to handle the grievance, with a copy being sent to the affected Guardian ad Litem/Court Visitor. If the grievance is forwarded to the Administrative Presiding Judge, he/she shall assign responsibility for the investigation and decision on the grievance to the Administrative Presiding Judge, the Assistant Administrative Presiding Judge, another judicial officer, or a committee composed of three (3) judicial officers of the Administrative Presiding Judge’s choosing. Whomever the grievance is forwarded to shall be known as the “judicial officer for the grievance.”
   • The Guardian ad Litem/Court Visitor shall be allowed to file a response to the grievance within fourteen (14) days of receiving notice from the court by forwarding a copy of the response to the complaining party with the original response being sent to the Court Administrator who will deliver the same to the judicial officer for the grievance. In addition, an appropriate investigation may be made by the judicial officer, including, but not limited to, interviews with the complainant, the Guardian ad Litem/Court Visitor, and other persons with relevant knowledge.
   • Upon receipt of the response from the Guardian ad Litem/Court Visitor or upon passage of the fourteen (14) day response period, whichever is sooner, the judicial officer assigned to the grievance shall review the response, complete the investigation and thereafter issue a final written or oral disposition of the matter. The judicial officer for the grievance will endeavor to issue a final decision within no later than forty-five (45) days after the filing of the grievance. The original of a written disposition or a transcript of an oral disposition shall be placed in the confidential grievance file with copies of the written disposition being forwarded to the complaining party and to the Guardian ad Litem/Court Visitor.
   • If the final disposition is that the grievance should be dismissed, the procedure with regard to retention of the grievance set forth in section C above shall be followed. If, as part of the final disposition, there has been a finding that the grievance was not brought in good faith or was otherwise frivolous or designed to impact the pending proceedings through increased costs to the other party or Guardian ad Litem/Court Visitor, terms in the form of costs or other sanctions may be imposed against the grieving party.
   • If, upon a finding by a preponderance of the evidence that one or more of the grounds in section (B)(2) have been established, and the final disposition is that the grievance was brought in good faith and has been determined to be well-founded, there shall be a method of discipline to be imposed upon the Guardian ad Litem/Court Visitor set forth in the disposition which shall take effect immediately. Accepted forms of discipline shall consist of one or more of the following:
     • A verbal or written reprimand;
     • Removal from the pending case;
     • Suspension of the Guardian ad Litem/Court Visitor from the registry for a period not to exceed one (1) year;
     • Suspension of the Guardian ad Litem/Court Visitor from the registry until such time as the Guardian ad Litem/Court Visitor has provided satisfactory proof of completing additional training in a specific area described in the disposition;
     • Imposition of terms in the form of costs or other monetary sanctions; and/or
     • Permanent removal of the Guardian ad Litem/Court Visitor from the registry for Title 11, Title 13, and/or Title 26 cases.
   • If the discipline imposed is permanent removal from any Guardian ad Litem/Court Visitor registry, notification of same shall be forwarded to the Office of the Administrator for the Courts for circulation to other counties. The grievance file shall include the original grievance, the Guardian ad Litem’s/Court Visitor’s response, and the written initial and final dispositions of the matter and shall be maintained by the Court Administrator for a period for no less than six (6) years.
   • A Guardian ad Litem/Court Visitor who ceases to be on the registry and who still has active or incomplete cases shall immediately report this circumstance to the Court Administrator who will forthwith reassign such cases.
   • Timelines stated herein may be modified by the Administrative Presiding Judge or judicial officer for the grievance for good cause. In calculating times, items mailed shall be deemed received by the addressee three (3) days after the date of mailing.
5. Grievances Filed After the Conclusion of a Case or After Discharge of the Guardian ad Litem/Court Visitor. If the grievance pertains to a case in which final orders have been entered or an order discharging the Guardian ad Litem/Court Visitor has been entered, the Court Administrator shall, within three (3) business days, forward the grievance to the judicial officer who presided over the trial in the case or who signed the final orders/order of discharge which a copy to the affected Guardian ad Litem/Court Visitor, as the judicial officer for the grievance. Thereafter, the procedures set forth in section D shall be followed.
6. Interim Suspension for Grievances handled under sections D and E. For all grievances received and processed under sections D and E above, at the discretion of the Administrative Presiding Judge or the judicial officer for the grievance as set forth in this policy, the Guardian ad Litem’s/Court Visitor’s participation in the registry may be suspended pending resolution of the grievance. A Guardian ad Litem/Court Visitor whose participation is suspended pending resolution and who still has active or incomplete cases shall immediately report this circumstance to the Superior Court Administrator who may reassign such cases upon instruction from the judicial officer assigned to the grievance.
7. Reconsideration of Decision Under Sections D and E. A Guardian ad Litem/Court Visitor seeking reconsideration of the decision shall do so in writing to the Superior Court Administrator, who shall forward the request and supporting documents to the judicial officer for the grievance for final decision. The Guardian ad Litem/Court Visitor shall be notified in writing of the final decision.

[Updated September 1, 2024]

1. The Court shall maintain and administer Guardian ad Litem/Court Visitor registries for Guardianship/Conservatorship, and Family Law cases. These registries shall not include Adoption Guardians ad Litem, Juvenile Court Guardians ad Litem, or Court Appointed Special Advocates, which shall continue to be administered independently by their respective programs. These requirements and procedures also apply to persons not listed on a registry who are appointed to serve as a Guardian ad Litem in a field for which there is a registry.
2. The Court shall maintain a completed application form, and background information records pertaining to each person on a registry. Persons listed on a registry or registries shall reapply and update background information annually on a date specified for each registry. Background Information Records shall be available for public inspection to the extent required by law.
3. Persons shall be selected to serve on each registry at the discretion of the Court giving due consideration to:
   • Having a sufficient number of Guardians ad Litem/Court Visitors available to fulfill the requests for appointment; and
   • Achieving and maintaining a high level of knowledge, skill and competence within each given field. In some cases there may be more qualified applicants than will be needed or would benefit the program, so that not all persons applying will be selected.
4. The Court may sponsor or approve training which registry applicants shall be required to attend to maintain and improve their level of proficiency. Title 11 Guardian ad Litem/Court Visitor registry applicants must complete any training required by RCW 11.130.155 as amended or, if repealed, as required by applicable law if any, prior to placement of the applicant’s name on the guardian ad litem/court visitor registry.
5. Each registry may be reconstituted periodically. The Court may remove persons listed on a registry and allow additional applicants to be added to a registry at the discretion of the Court.
6. The Court may impose an application fee and/or charge a fee for the training programs.

[Updated September 1, 2024]

• GAL Registry (Title 26) Information
• Title 11 Guardian ad Litem / Court Visitor Info

Guardians ad Litem appointed pursuant to RCW Title 26 shall be appointed in the following manner:

1. Upon either the motion of the Court or a party to an action and subsequent decision of the Court to appoint a Guardian ad Litem, each party to the action shall request a strike list from the registry, using the form Title 26 GAL Strike List Request. More information about Required Forms can be found here: https://www.bentoncountywa.gov/pview.aspx?id=55167
   1. Each party to the action will then be provided with a strike list of three (3) names randomly selected from the GAL Registry (Title 26) along with background information as specified in RCW 26.12.175(3), including their hourly rate for services. Each party may, within seven (7) judicial days, strike one name from the list. If more than one name remains on the list, the Court shall select the first named Guardian ad Litem not stricken by a party. In the event all three names are stricken, one additional name shall be randomly selected as the alternate Guardian ad Litem.
   2. Parties shall file the Benton and Franklin Counties Order Appointing Guardian ad Litem within thirty (30) days of the selection by the Court. The Guardian ad Litem shall immediately begin their work upon filing of the Order Appointing Guardian ad Litem. 
2. The Court may, for good cause and upon written finding, appoint a specific Guardian ad Litem to a case upon recommendation of the parties. Good cause may include expertise in a particular area, previous appointment of a Guardian ad Litem to the specific case, or such other reason as determined by the Court. The hourly rate for services charged by a Guardian ad Litem does not constitute good cause for the appointment of a specific Guardian ad Litem upon recommendation of the parties.
3. Title 26 Guardians ad Litem are required to accept up to two (2) county-paid abuse and neglect cases in a calendar year. Appointments shall be made in alphabetical rotation in the event that the Court’s Family Court Investigator (FCI) is unable to accept the case. Failure to accept county-paid appointments may result in removal from the Registry at the Court’s discretion.
   1. Complaints by Guardians ad Litem regarding registry or appointment matters shall be made in writing and be addressed to the Court Administrator. The Administrative Presiding Judge, Assistant Administrative Presiding Judge or Court Administrator shall provide written response to the complainant within forty-five (45) business days of receipt of the complaint.
   2. Please review the Court's Grievance Procedure for additional information regarding filing grievances against a Guardian ad Litem.

[Updated October 24, 2024]

Guardians ad Litem & Court Visitors appointed pursuant to RCW Title 11 shall be appointed in the following manner:

1. A party needing an appointment of a Guardian ad Litem (GAL)/Court Visitor (CV) from the Guardian ad Litem/Court Visitor registry shall provide a written request to the Superior Court Administration GMP Case Manager. The requesting party shall receive a Notice of GAL/CV Rotation with three (3) Guardians ad Litem or Court Visitors whose names appear next on the Registry and meets the requirements of RCW 11.130.155 as amended or, if repealed, the applicable law if any. Court Visitors are appointed by the court. 
2. The requesting party shall contact the GALS/CVS in the order listed to determine their availability and suitability to the appointment. Once a GAL/CV has accepted the appointment, the requesting party shall return the Notice of GAL/CV Rotation form to Court Administration with the name of the selected GAL/CV indicated clearly on the form. It is the requestor’s responsibility to have an Order of Appointment approved by the Court and parties served per statute.
   • A Guardian ad Litem in Adult Guardianship cases shall only be appointed by the Court. For appointment of Court Visitor, an Order of Appointment must be presented on the Ex-Parte Docket or Guardianship Docket. Please visit the Washington Courts Website for updated Court Forms.
   • In Minor Guardianship cases where the minor is over 12 years of age, the Court will automatically appoint a Court Visitor. For appointment of a GAL or CV in Minor Guardianship cases, an Order of Appointment must be presented on the Ex-Parte Docket or Guardianship Docket. Please visit the Washington Courts Website for updated Court Forms. 
3. A Court Visitor appointed shall file with the Court & serve upon the parties a Statement of Qualifications in conformance with RCW 11.130.280 for Adult Guardianship Cases and RCW 11.130.380 for Minor Guardianship Cases, as amended or, if repealed, the applicable law if any.
4. Guardians ad Litem/Court Visitors appointed pursuant to RCW Title 11 shall be compensated in accordance with the law. In the event that the county should be responsible for such costs, the fees shall not exceed the case cap set by the Court. If additional fees beyond the case cap are requested, such request shall be by a separate motion supported by appropriate affidavits and shall be made before fees beyond the case cap are incurred. Failure to get pre-approval shall result in waiver of all such fees exceeding the case cap. The order authorizing disbursal of County funds shall provide that those fees shall be reimbursed to the county in the event the estate obtains, within a reasonable period of time, sufficient assets.
5. Any declination of appointments will require a declaration outlining the reason for the declination. 
6. Should any person appointed herein fail to accept such appointment more than twice in a calendar year or fail to accept a County pay appointment if the Guardian ad Litem/Court Visitor is selected on the rotational registry, such persons name will be deleted from the registry at the Court’s discretion.

[Updated October 24, 2024]