Wash. Super. Ct. Guardian ad Litem R. 4

As an officer of the court, a guardian ad litem or court visitor has only such authority

conferred by the order of appointment. Consistent with the roles and responsibilities set forth in

rules 2 and 3, and the grievance procedures set forth in rules 5 and 6, a guardian ad litem or court

visitor shall have the following authority:

(a) Access to party. Unless circumstances warrant otherwise, a guardian ad litem or court

visitor shall have access to the person(s) for whom a guardian ad litem or court visitor is

appointed and to all information relevant to the issues for which a guardian ad litem or court

visitor was appointed. The access of a guardian ad litem or court visitor to the child or

respondent in a guardianship, conservatorship, or other protective arrangement proceeding and

all relevant information shall not be unduly restricted by any person or agency. When the

guardian ad litem or court visitor seeks contact with a party who is represented by an attorney,

the guardian ad litem or court visitor shall notify the attorney in advance of such contact. The

guardian ad litem’s or court visitor’s contact with the represented party shall be as permitted by

the party’s attorney, unless otherwise ordered by the court.

(b) Timely receipt of case documents. Until discharged by court order, a guardian ad

litem or court visitor shall be timely furnished copies of all relevant pleadings, documents, and

reports by the party that served or submitted them.

(c) Timely notification. A guardian ad litem or court visitor shall be timely notified of all

court hearings, administrative reviews, staffings, investigations, dispositions, and other

proceedings concerning the case by the person or agency scheduling the proceeding.

(d) Notice of proposed agreements. A guardian ad litem or court visitor shall be given

notice of, and an opportunity to indicate their agreement or objection to, any proposed agreed

order of the parties governing issues substantially related to the duties of a guardian ad litem or

court visitor.

(e) Participate in all proceedings. Consistent with rule 2(l), a guardian ad litem or court

visitor shall participate in court hearings through submission of written and supplemental oral

reports and as otherwise authorized by statute and court rule.

(f) Access to records. Except as limited by law or unless good cause is shown to the court,

upon receiving a copy of the order appointing a guardian ad litem or court visitor, any person or

agency, including but not limited to any hospital, school, child care provider, organization,

department of social and health services, doctor, health care provider, mental health provider,

chemical health program, psychologist, psychiatrist, or law enforcement agency, shall permit a

guardian ad litem or court visitor to inspect and copy any and all records and interview personnel

relating to the proceeding for which a guardian ad litem or court visitor is appointed.

(g) Access to court files. Within the scope of appointment, a guardian ad litem or court

visitor shall have access to all superior court and all juvenile court files. Access to sealed or

confidential files shall be by separate order. A guardian ad litem’s or court visitor’s report shall

inform the court and parties if the report contains information from sealed or confidential files.

The clerk of court shall provide certified copies of the order of appointment to a guardian ad

litem or court visitor upon request and without charge.

(h) Additional rights and powers under chapter 13.34 RCW, chapter 26.26A RCW, or

chapter 26.26B RCW. In every case in which a guardian ad litem is a party to the case pursuant

to chapter 13.34 RCW, chapter 26.26A RCW, or chapter 26.26B RCW, a guardian ad litem shall

have the rights and powers set forth below. These rights and powers are subject to all applicable

statutes and court rules.

(1) File documents and respond to discovery. A guardian ad litem shall have the right to

file pleadings, motions, notices memoranda, briefs, and other documents, and may, subject to the

trial court’s discretion engage in and respond to discovery.

(2) Note motions and request hearings. A guardian ad litem shall have the right to note

motions and request hearings before the court as appropriate to the best interests of the person(s)

for whom a guardian ad litem was appointed.

(3) Introduce exhibits, examine witnesses. A guardian ad litem shall have the right, subject

to the trial court’s discretion, to introduce exhibits, subpoena witnesses, and conduct direct and

cross-examination of witnesses.

(4) Oral argument and submission of reports. A guardian ad litem shall have the right to

fully participate in the proceedings through submission of written reports, and, may with the

consent of the trial court present oral argument.

(i) Additional rights and powers in other cases. For good cause shown, a guardian ad

litem or court visitor may petition the court for additional authority as set forth in rule 2(j).

(j) Additional training requirements. The Administrative Office of the Courts shall

amend the current guardian ad litem mandatory training so that Titles 13 and 26 RCW guardians

ad litem are prepared to carry out the additional requirements of this rule.