Guardian ad litem division.

2015
STATE OF WYOMING
15LSO-0412
ENGROSSED
3.1

HOUSE BILL

NO.
HB0210

Guardian ad litem division.

Sponsored by:
Representative(s) Zwonitzer, Dn., Connolly, Lindholm, Paxton and Petroff

A BILL

for

AN ACT relating to the office of the state public defender; assigning operation of the guardian ad litem program as a division of the office of the state public defender; making conforming amendments; specifying duties of the guardian ad litem division; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 7
‑
6
‑
103(c)(viii), 7
‑
6
‑
106(d)(iii), 7
‑
6
‑
112(a)(v), 7
‑
6
‑
113(d), 14
‑
12
‑
101(a)(intro), by creating new paragraphs (vii)
and (viii)
and (b), 14
‑
12
‑
102(a)
through
(c), 14
‑
12
‑
103 and 14
‑
12
‑
104
are amended to read:

7
‑
6
‑
103
.

Creation of office of state public defender; appointment of state public defender and assistants; duties; removal
.

(c)

The state public defender shall:

(viii)

A
dminister the guardian ad litem
program
division

as provided in W.S. 14
‑
12
‑
101 through 14
‑
12
‑
104.

7
‑
6
‑
106
.

Determination of need; reimbursement for services
.

(d)

The state public defender shall report in the agency
'
s annual report concerning:

(iii)

For the guardian ad litem
program

division
, the number of cases, the amount of monies expended and the amounts of reimbursements from participating counties.

7
‑
6
‑
112
.

Applicability of provisions
.

(a)

This act does not apply to:

(v)

Administration of the guardian ad litem
program

division
under W.S 14
‑
12
‑
101 through 14
‑
12
‑
104, except as provided in W.S. 7
‑
6
‑
103(c)(viii) and 7
‑
6
‑
106(d)(iii).

7
‑
6
‑
113
.

Funding
.

(d)

The provisions of this section shall not be applicable to the guardian ad litem
program

division
administered by the office of the public
defender
and the budget for that program shall be as provided in W.S. 14
‑
12
‑
101 through 14
‑
12
‑
104.

14
‑
12
‑
101
.

Guardian ad litem
division
; administration by the
office of
public defender; standards; rulemaking; reporting
.

(a)

The office of the state public defender shall administer a guardian ad litem
program

division
.

T
he
program

division

shall employ or contract with, supervise and manage attorneys providing legal representation as guardians ad litem in the following cases and actions:

(vii)

Guardianships arising out of permanency plans in child protection cases under W.S. 14
‑
3
‑
101 through 14
‑
3
‑
440, children in need of supervision cases under W.S. 14
‑
6
‑
401 through 14
‑
6
‑
440, to the extent an attorney has been appointed to se
rve only as a guardian ad litem, delinquency cases under W.S. 14
‑
6
‑
201 through 14
‑
6
‑
252, to the extent an attorney has been appointed to serve only as a guardian ad litem
;

(viii)

Adoptions arising out of permanency plans in child
protection cases under W.S. 14
‑
3
‑
101 through 14
‑
3
‑
440,
children in need of supervision cases under W.S. 14
‑
6
‑
401 through 14
‑
6
‑
440,
to the extent an attorney has been appointed to serve only as a guardian ad litem and delinquency cases under W.S. 14
‑
6
‑
201 through 14
‑
6
‑
252, to the extent an attorney has been appointed to serve only as a guardian ad litem
.

(b)

The
program

division
shall be administered by
an

administrato
r
a deputy

appointed by the state public defender. The
administrato
r
deputy
shall be an attorney in good standing with the Wyoming state bar with experience in
guardian ad litem representation, child welfare and juvenile justice.

14
‑
12
‑
10
2
.

Appointment of
division
to provide guardian ad litem services
.

(a)

In cases specified in W.S. 14
‑
12
‑
101(a), if the county in which the court is located participates in the
guardian ad litem

program:

(i)

The court shall appoint the
program
d
ivision
to provide services when appointing a guardian ad litem;

(ii)

The
administrator
deputy
or designee shall assign an attorney to act as guardian ad litem in accordance with the court
'
s order.

(b)

The program shall cooperate with
juvenil
e
district
courts in developing a case appointment system in each participating county for all applicable cases requiring the appointment of a guardian ad litem.

(c)

An attorney accepting a guardian ad litem assignment under the program shall be employed by or contract with the
program
division
to provide services in accordance with
program

division
requirements. The contract shall specify the fees to be paid for the assignment, which may be a defined hourly or per case rate or a defined sum. Fees paid by the
program
division

may vary based upon the type and difficulty of the case, location, work required and experience.

14
‑
12
‑
103
.

County participation; reimbursement; offices and equipment
.

(a)

The office of the state public defender shall enter into agreements with each county participating in the

program

division
. Agreements shall require counties to comply with all
program

division
rules and policies. The agreement shall establish the compensation rate within the county for attorneys providing legal representation as guardians ad litem in
program

division
cases and the reimbursement requirements. A county may agree with an attorney providing services under the
program

division
to pay a rate in excess of the rate set for payment by the
program

division
. If a county agrees to do so, it shall enter into a separate contract with the attorney providing services and shall be responsible and obligated to reimburse the
program

division
for one hundred percent (100%) of the excess amount. The county shall enter into a separate agreement with the office setting out the agreement, the excess rate and the responsibilities and obligations of all parties.

(b)

The
progra
m
division
shall pay from the guardian ad litem account one hundred percent (100%) of the fees for the legal representation of children by attorneys as guardians ad litem in
program

division
cases. Participating counties shall reimburse the
progra
m
division
an amount equal to not less than twenty
‑
five percent (25%) of the agreed
program

division
fees, not less than twenty
‑
five percent (25%) of the
program
'
s

division
'
s
administrative cost prorated by program funds expended in each county and one hundred percent (100%) of excess rate fees. The
program
division

shall invoice the county for its proportionate share. In the event a county does not make payments within ninety (90) days, the state treasurer may deduct the amount from sales tax revenues due to the
county from the state and shall credit the amount to the
program

division
account.

(c)

There is created a guardian ad litem account. All reimbursements received under the

program

division
shall be deposited to the account. Funds within the account are continuously appropriated to the public defender
'
s office for expenditure for the sole purpose of the guardian ad litem
program

division and
cannot be transferred or expended for criminal defense purposes
.

(d)

Agreements entered into under this section shall include provision for each county, in which guardians ad litem employed by or under contract with the
program
division

are located, to provide separate from any public defender field office, adequate space and utility services, other than telephone service, for the use of the
program
'
s

division
'
s
guardians ad litem. If suitable office space for all guardians ad litem cannot be provided, the county shall provide, based upon a proportional share, a monthly stipend to all
program

division
guardians ad litem housed in private facilities. The proportional share shall be determined by the
program
division
, based upon the counties
served by each guardian ad litem not provided suitable office space. The stipend shall be paid directly by the county to the
program

division
guardian ad litem.

(e)

A county which does not participate in the
program
division
, shall be responsible for the full cost of guardians ad litem legal fees as provided by W.S. 14
‑
2
‑
318(b)(i), 14
‑
3
‑
434(b)(vi), 14
‑
6
‑
235(b)(vi) and 14
‑
6
‑
434(b)(vi).

(f)

The

offic
e
shall enter into a memorandum of understanding with the department of family services under which a guardian ad litem will be provided for cases in which the department is required by law or court order to provide guardian ad litem services in any of the cases or actions specified in W.S. 14
‑
12
‑
101(a). The department shall reimburse the
program
division

an amount equal to not less than twenty
‑
five percent (25%) of the agreed
program

division
fees paid to guardians ad litem in actions under this subsection.

14
‑
12
‑
104
.

Applicability of the Wyoming Governmental Claims Act and state self
‑
insurance program.

Notwithstanding any other provision of law to the contrary, any attorney providing services for the offic
e
pursuant to the guardian ad litem
program

division
shall, for matters arising out of such services, be considered a state employee for purposes of coverage and representation under the Wyoming Governmental Claims Act, W.S. 1
‑
39
‑
101 through 1
‑
39
‑
121, and the state self
‑
insurance program, W.S. 1
‑
41
‑
101 through 1
‑
41
‑
111.

Section
2
.

This
act is effective July 1,
2015
.

(END)

1
HB0210