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WHATCOM COUNTY COUNCIL
Public Works and Capital Projects Committee
July 27, 1999
The meeting was called to order at 1:30 p.m. by Committee Chair Barbara
Brenner in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Also Present: Absent:
Tom Brown Ward Nelson
DISCUSSION
1. DISCUSSION REGARDING THE GUARDIAN AD LITEM GRIEVANCE
COMMITTEE STUDY (AB99 -081B)
Brenner invited Ann McBride to come forward to summarize the study. She
thanked McBride for the work she did.
McBride stated she planned to remind the committee of how important it is
to have oversight. From the very beginning, the information provided to the
committee shows there has been a problem with the Guardian Ad Litem (GAL)
procedure. Also, information given to the Council in March from Kathy Thomas
showed that the court had been aware of a committee that was formed to look at
family law issues. This issue was born out of that original family law committee,
which was formed in 1996. Clearly, the court recognizes the issue. The community
of professionals recognizes the lack of oversight, as do many citizens. Her thoughts
from the first day were to not challenge the court because the court has the
jurisdiction. Instead, she wanted to remind the court that it is citizens that have to
use this process. If there is no way of having a grievance heard, other than to
petition the court, then the indigent and poor will not have a way to bring forward a
grievance. That fosters a bad GAL system and doesn't protect citizens. Studies
have shown that, historically, guardians ad litem that are contracted and used
repeatedly by the agency are going to parrot the agencies recommendations
instead of aggressively challenging or asserting their beliefs on behalf of the child.
The best interest of the child as it pertains to the adults has become the focus of
the courts. If there is no legal representation of a child, then the child is at the
mercy of the judge, through how the guardian ad litem perceives the quality of the
child's life. It comes down to integrity, high standards, quality of training, and
qualifications. If the court has openly admitted they have been trying to get the
CASA program in the system since 1994, and there has been a problem with the
managing of the current GAL system, then there is a problem. The solution is
simple. As child advocates, the County Council, judges, Department of Social and
Health Services and Child Protective Services should create a grievance panel.
Quality guardians ad litem know there is accountability. Bad guardians ad litem will
be weeded out of the process.
Brenner stated there is nothing that prevents the County Council from
establishing a committee to go through the areas of concern regarding
Public Works Committee, 7/27/99, Page 1
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qualifications of guardians ad litem and to create a law that the County could
appeal these kinds of things through its own panel.
McBride stated the Council has the right to demand accountability since it
pays for indigent cases.
Brenner stated the Council can't tell the courts what to do. However, the
Council can establish a committee and an ordinance to allow the Council to have an
appeal procedure. Brenner stated the panel should also establish where the
County's money should be spent to fix the system.
McBride stated the big bargaining tool the County Council has is the fact that
it is taxpayers' money. There should be the ability to set up a committee to look
through this.
Brown questioned the opinion on this issue from the people working in the
County's court systems.
Brenner stated the last correspondence from Superior Court stated the State
legislation is very onerous. There is no position within the organization that
includes this facet of the court's business. The correspondence continued to say
the statutes are not presently being adhered to due to lack of staffing.
McBride stated she sent the study to the judges, but got no response.
Brenner stated the last correspondence she received from N.F. Jackson was
included in the information.
Brown stated he believed the courts are not enthused about this.
McBride stated that from 1996, she had heard many different stories from
the court about the County's guardian ad litem program.
Brenner stated the problems are happening statewide.
McBride stated that collectively, this is becoming more and more of an issue.
A lot of creative ways of using guardians ad litem are being established as
children's rights are coming to the forefront. Legal professions are realizing that
something needs to be done.
Brown stated there are people who would be very adept and caring at looking
at the child's best interest. He wanted to see the average citizen, who has true
concern for the children, be able to go through training and become a guardian ad
litem.
Brenner stated they could require either a degree or personal experience,
which can include a parent caring for their own children.
McBride stated one of the strengths of the CASA programs is that a citizen
GAL volunteer can follow the child through the processes that take years, whereas
a professional attorney or psychologist may not be able to give that amount of
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time. Because this is area of law that has many problems, it is becoming more
prominent in the legislators' minds.
Brenner stated she wanted a resolution to ask the court to create a
committee to study a grievance panel.
Brown stated the Council had to be prepared for the argument that the court
doesn't have the staff or funds to look at this.
Brenner stated it would be a citizen panel and wouldn't cost them a thing.
The panel would look at the costs as well.
McBride questioned why the County Council wasn't more aware of the
guardians ad litem. The courts have been asking for money since 1994 for CASA
and other programs. Brenner stated she asked for the paperwork from the courts
regarding these requests, but never received it because they were too busy. There
are so many items in the County budget it is possible they were overlooked,
because no one was complaining.
Brown stated the County Executive, until recently, only brought forward
items that the administration was interested in funding.
Brenner moved to present a resolution to the County Council in two weeks.
Jeris Carlson, citizen, stated there are so many things to say about this issue.
There is no other area of the law that functions the way the family court system
does. A lot of times, the judges get reports from guardians ad litem, but never ask
for more information. They take the information at face value. People aren't
required to provide evidence. The standard is what is in the best interest of the
child. Under the Constitution, children don't have any rights. Judges are not
required to justify why their decisions are in the best interest of the child. There
should there be a committee set up to oversee the actions of the people who are
responsible for making recommendations to the judge. These people should be
required to provide proof of their qualifications.
Brown stated one of the issues is, during the election of the judges, they
should be challenged.
Brenner read from literature published by the Bar Association that said
attorneys can improve GAL practices by litigating issues, not personalities. The
literature continued to say the population served by the courts and GALs is the
most difficult in terms of facts, procedures, and personalities.
Motion carried unanimously.
Dolan Ferguson, 1024 Paradise Road, spoke about his situation and on the
issue that the GAL was paid and yet didn't do anything. The case was transferred
to Judge Moynihan who stated the GAL had done a good job. The GAL hadn't done
anything for his four -year old granddaughter.
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McBride stated that if she had known the background of the GAL, or
questioned the GAL, then that would have made a big difference. She didn't know
she had the right to question the professional contract. Often times a person is
unaware of the rights that they have when involved with a GAL. Clients' rights
need to be made available. She hoped that the attorneys become more forthright,
through the grievance panel, the real role of the guardian ad litem and the client's
rights. The citizens also need to have access to the complaint history of the GAL.
Brown stated they need to be careful about issuing complaint information.
Someone who is vindictive can file complaints on anything.
McBride stated the grievance panel would determine whether the complaints
were reasonable. One can call the Law Board and find out if complaints have been
issued on an attorney, but not if they are being investigated. One could call the
Department of Health, who will send copies of the written complaints along with the
finding, whether the complaint was founded or not.
(Clerk's Note: End of tape one, side A.)
Brown stated Brenner could bring forward a resolution to the full Council.
ADJOURN
The meeting adjourned at 2:15 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Committee Chair
Public Works Committee, 7/27/99, Page 4