Dependency/attorney appt.

AN ACT Relating to developing a schedule for court appointment of 1
attorneys for children and youth in dependency and termination 2
proceedings; and amending RCW 13.34.212. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 13.34.212 and 2024 c 25 s 1 are each amended to read 5
as follows: 6
(1)(a) The court shall appoint an attorney for a child in a 7
dependency proceeding six months after granting a petition to 8
terminate the parent and child relationship pursuant to RCW 13.34.180 9
and when there is no remaining parent with parental rights.10
(b) The court may appoint one attorney to a group of siblings, 11
unless there is a conflict of interest, or such representation is 12
otherwise inconsistent with the rules of professional conduct.13
(c) Subject to availability of amounts appropriated for this 14
specific purpose, the state shall pay the costs of legal services 15
provided by an attorney appointed pursuant to (a) of this subsection 16
if the legal services are provided in accordance with the rules of 17
professional conduct, the standards of practice, caseload limits, and 18
training guidelines adopted by the statewide children's 19
representation work group pursuant to section 5, chapter 180, Laws of 20
2010 until such time that new recommendations are adopted by the 21
H-1528.1
HOUSE BILL 2011
State of Washington 69th Legislature 2025 Regular Session
By Representatives Ormsby, Gregerson, and Macri
Read first time 02/21/25. Referred to Committee on Appropriations.
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children's representation work group established in section 9, 1
chapter 210, Laws of 2021. 2
(d) The office of civil legal aid is responsible for 3
implementation of (c) of this subsection as provided in RCW 2.53.045.4
(e) Legal services provided by an attorney pursuant to (a) of 5
this subsection do not include representation of the child in any 6
appellate proceedings relative to the termination of the parent and 7
child relationship. 8
(2)(a) The court may appoint an attorney to represent the child's 9
position in any dependency action on its own initiative, or upon the 10
request of a parent, the child, a guardian ad litem, a caregiver, or 11
the department. 12
(b)(i) If the court has not already appointed an attorney for a 13
child, or the child is not represented by a privately retained 14
attorney: 15
(A) The child's caregiver, or any individual, may refer the child 16
to an attorney for the purposes of filing a motion to request 17
appointment of an attorney at public expense; or 18
(B) The child or any individual may retain an attorney for the 19
child for the purposes of filing a motion to request appointment of 20
an attorney at public expense. 21
(ii) Nothing in this subsection changes or alters the 22
confidentiality provisions of RCW 13.50.100. 23
(c) The department and the child's guardian ad litem shall each 24
notify a child of the child's right to request an attorney and shall 25
ask the child whether the child wishes to have an attorney. The 26
department and the child's guardian ad litem shall notify the child 27
and make this inquiry immediately after: 28
(i) The date of the child's 12th birthday; or 29
(ii) Assignment of a case involving a child age 12 or older.30
(d) The department and the child's guardian ad litem shall repeat 31
the notification and inquiry at least annually and upon the filing of 32
any motion or petition affecting the child's placement, services, or 33
familial relationships. 34
(e) The notification and inquiry is not required if the child has 35
already been appointed an attorney. 36
(f) The department shall note in the child's individual service 37
and safety plan, and the guardian ad litem shall note in his or her 38
report to the court, that the child was notified of the right to 39
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request an attorney and indicate the child's position regarding 1
appointment of an attorney. 2
(g) At the first regularly scheduled hearing after:3
(i) The date of the child's 12th birthday; or 4
(ii) The date that a dependency petition is filed pursuant to 5
this chapter on a child age 12 or older; 6
the court shall inquire whether the child has received notice of his 7
or her right to request an attorney from the department and the 8
child's guardian ad litem. The court shall make an additional inquiry 9
at the first regularly scheduled hearing after the child's 15th 10
birthday. No inquiry is necessary if the child has already been 11
appointed an attorney. 12
(3) Subject to the availability of amounts appropriated for this 13
specific purpose: 14
(a) Pursuant to the phase-in schedule set forth in (c) of this 15
subsection (3), the court must appoint an attorney for every child in 16
a dependency proceeding as follows: 17
(i) For a child under the age of eight, appointment must be made 18
for the dependency and termination action upon the filing of a 19
termination petition. Nothing in this subsection shall be construed 20
to limit the ability of the court to appoint an attorney to represent 21
the child's position in a dependency action on its own initiative, or 22
upon the request of a parent, the child, a guardian ad litem, a 23
caregiver, or the department, prior to the filing of a termination 24
petition. 25
(ii) For a child between the ages of eight through 17, 26
appointment must be made upon the filing of a new dependency petition 27
at or before the commencement of the shelter care hearing.28
(iii) For any pending or open dependency case where the child is 29
unrepresented and is entitled to the appointment of an attorney under 30
(a)(i) or (ii) of this subsection, appointment must be made at or 31
before the next hearing if the child is eligible for representation 32
pursuant to the phase-in schedule. At the next hearing, the court 33
shall inquire into the status of attorney representation for the 34
child, and if the child is not yet represented, appointment must be 35
made at the hearing. 36
(b) Appointment is not required if the court has already 37
appointed an attorney for the child, or the child is represented by a 38
privately retained attorney. 39
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(c) The statewide children's legal representation program shall 1
develop a schedule for court appointment of attorneys for every child 2
in dependency proceedings that will be phased in on a county-by-3
county basis over ((a seven-year )) an 11-year period. The schedule 4
required under this subsection must not add more than 1,250 cases 5
each fiscal year and: 6
(i) To the extent practicable, prioritize implementation in 7
counties that have: 8
(A) No current practice of appointment of attorneys for children 9
in dependency cases; or 10
(B) Significant prevalence of racial disproportionality or 11
disparities in the number of dependent children compared to the 12
general population, or both; 13
(ii) Include representation in at least: 14
(A) Three counties beginning July 1, 2022; 15
(B) Eight counties beginning January 1, 2023; 16
(C) Fifteen counties beginning January 1, 2024;17
(D) Twenty counties beginning January 1, 2025;18
(E) Thirty counties beginning January 1, ((2026)) 2030;19
(F) Thirty-six counties beginning ((in)) January 1, ((2027)) 20
2031; and 21
(iii) Achieve full statewide implementation by January 1, 22
((2028)) 2032. 23
(d) In cases where the statewide children's legal representation 24
program provides funding and where consistent with its administration 25
and oversight responsibilities, the statewide children's legal 26
representation program should prioritize continuity of counsel for 27
children who are already represented at county expense when the 28
statewide children's legal representation program becomes effective 29
in a county. The statewide children's legal representation program 30
shall coordinate with relevant county stakeholders to determine how 31
best to prioritize this continuity of counsel. 32
(e) The statewide children's legal representation program is 33
responsible for the recruitment, training, and oversight of attorneys 34
providing standards-based representation pursuant to (a) and (c) of 35
this subsection as provided in RCW 2.53.045 and shall ensure that 36
attorneys representing children pursuant to this section provide 37
legal services according to the rules of professional conduct, the 38
standards of practice, caseload limits, and training guidelines 39
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adopted by the children's representation work group established in 1
section 9, chapter 210, Laws of 2021. 2
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