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Fill and Sign the Order Appointing Guardian Ad Form

Fill and Sign the Order Appointing Guardian Ad Form

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Superior Court of Washington, County of In re: Petitioner/s (person/s who started this case) : And Respondent/s (other party/parties) : No. Order Appointing Guardian ad Litem for a Minor Party (ORAPGL) Order Appointing Guardian ad Litem for a Minor Party Use this form to appoint a GAL for a:  Petitioner or Respondent who is under 18, or  Child over 2 who is a mandatory party in a parentage case. Do not use this form to appoint a GAL to investigate and report on a child’s best interests for a Parenting Plan or Residential Schedule; use form FL All Family 146 instead. 1. The Court has considered (name): ’s motion to appoint a Guardian ad Litem (GAL) for another party to this case. 2. The Court finds there are good reasons to appoint a GAL for (name/s): , who is/are (check one ): a minor party (under 18 years old). (RCW 4.08.050) (for cases about parentage) children age two or older who have a presumed, acknowledged or adjudicated parent. The law requires these children to be parties to this case; therefore they need a GAL. (RCW 26.26.510)  The court orders: 3. (GAL’s name): is appointed Guardian ad Litem for the minor parties listed in section 2 above. The GAL must always act in the minor parties’ best interests. Ch. 26.09, 26.10, 26.26 RCW; RCW 4.08.050, .060; Sup. Ct. GAL Rules Mandatory Form (05/2016) FL All Family 147 Order Appointing Guardian ad Litem for a Minor Party p. 1 of 4 4. GAL’s Rights Notice – All parties must serve the Guardian ad Litem (GAL) with:  Notice of any court hearing or proposed agreement involving the GAL’s duties to the person/s listed in section 2 , and  Copies of all documents they file in this case. Agreements – The GAL must have the opportunity to agree or object to any proposed agreed order . Clerk’s action – The court clerk must give the GAL free, certified copies of this Order , upon request. For parentage cases only – GALs appointed for parties under Ch. 26.26 RCW also have the following rights as described in Superior Court GAL Rule (4)(h) to:  File documents,  Submit reports, and  Note motions and request hearings. Subject to the court’s discretion, the GAL may also:  Engage in and respond to discovery,  Introduce exhibits and examine witnesses, and  Make oral arguments. 5. GAL’s Duties The Guardian ad Litem’s (GAL’s) duties include:  Protecting the legal interests of the person/s listed in section 2 in this case,  Explaining (to the extent possible) the legal papers and correspondence related to this case to the person/s listed in section 2 ,  Participate in court hearings related to the GAL’s duties through written reports and supplemental oral reports, and  Follow all court orders and go to all meetings and court hearings related to the GAL’s duties or scope of appointment. Other (specify): The GAL must investigate and report to the court on the following issues: All issues related to deciding who are the legal parents of the children. Whether genetic testing should be done to decide who are the legal parents. Other (specify): Ch. 26.09, 26.10, 26.26 RCW; RCW 4.08.050, .060; Sup. Ct. GAL Rules Mandatory Form (05/2016) FL All Family 147 Order Appointing Guardian ad Litem for a Minor Party p. 2 of 4 6. Access to the minor parties and information The Guardian ad Litem (GAL) is allowed reasonable access to the person/s listed in section 2 , and to all records and people with information that affects that person/those persons, including:  Child care providers  Physical and mental health care providers  Schools and other educational institutions  Law enforcement agencies, Child Protective Services, and the Department of Social and Health Services (or equivalent agencies if outside Washington) Note: agencies may withhold or black out legally protected parts of requested information. 7. Confidentiality The Guardian ad Litem (GAL) will:  Have access to all Superior Court and Juvenile Court files related to his/her duties, including sealed and confidential documents. Exception: The GAL will not have access to information sealed under RCW 13.50.050(7);  Keep confidential any sealed and confidential information (unless his or her duties as GAL require otherwise);  Tell the court if his/her report includes any sealed or confidential information; and  File any report in two parts: one public and one sealed as required by GR 22. Any party or the GAL may ask the court to make confidential any reports or documents placed in the file, if there is a good reason to do so. 8. GAL’s Fees The Guardian ad Litem’s (GAL’s) hourly fee is $ . The GAL may not charge more than a total of $ without court review and approval. The GAL’s fees will be paid as follows (check one): % paid by Petitioner % paid by Respondent % paid by (specify): % or $ paid by the County at public expense. Other: Billing Process:  The GAL must file an itemized statement of time and expenses with the court and provide a copy to the person/s or entity responsible for payment.  The GAL may file any request for payment with the court, along with an itemized statement and a proposed order. Ch. 26.09, 26.10, 26.26 RCW; RCW 4.08.050, .060; Sup. Ct. GAL Rules Mandatory Form (05/2016) FL All Family 147 Order Appointing Guardian ad Litem for a Minor Party p. 3 of 4 9. Appointment Ends The GAL’s appointment ends when the GAL is discharged by the court or earlier if:  the person listed in section 2 turns 18 (if the GAL was appointed only because that person was a minor); or  the court approves an order deciding parentage (if the GAL was appointed for a child age two or older in a parentage case). other (specify): 10. Other Orders (if any) Ordered. Date Judge or Commissioner Petitioner and Respondent or their lawyers fill out below: This document (check any that apply) : This document (check any that apply) : is an agreement of the parties is an agreement of the parties is presented by me is presented by me may be signed by the court without notice to me may be signed by the court without notice to me Petitioner signs here or lawyer signs here + WSBA # Respondent signs here or lawyer signs here + WSBA # Print Name Date Print Name Date This document (check any that apply) : This document (check any that apply) : is an agreement of the parties is an agreement of the parties is presented by me is presented by me may be signed by the court without notice to me may be signed by the court without notice to me Other party or lawyer signs here + WSBA # Other party or lawyer signs here + WSBA # Print Name Date Print Name Date Guardian ad litem signs below to accept appointment: GAL signs here Print name Date Ch. 26.09, 26.10, 26.26 RCW; RCW 4.08.050, .060; Sup. Ct. GAL Rules Mandatory Form (05/2016) FL All Family 147 Order Appointing Guardian ad Litem for a Minor Party p. 4 of 4

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