Wyo. Code R. 008-0001-1
Effective Date: 12/04/2008 to 02/04/2013
Rule Type: Superceded Rules & Regulations
Reference Number: 008.0001.1.12042008
These rules are promulgated by the Office of the Wyoming State Public Defender (“Office”) pursuant to 2008 Wyoming Session Laws Chapter 48, § 316, enacted during the 2008 Legislative Budget Session, and the Wyoming Administrative Procedures Act at W.S. 16-3-101, et seq.
(a) The purpose of the Guardians Ad Litem Program (“Program”) is to contract with, supervise and manage attorneys providing legal representation as guardians ad litem in child protection cases under WYO. STAT. ANN. §§ 14-3-101 through 14-3-440, children in need of supervision cases under WYO. STAT. ANN. §§ 14-6-401 through 14-6-440, or termination of parental rights (“TPRs”) actions under WYO. STAT. ANN. §§ 14-2-308 through 14-2-319 brought as a result of a child protection or children in need of supervision action. The Program and these Rules apply only to these three types of juvenile actions and proceedings. The Program does not apply to a juvenile delinquency proceeding except that an attorney appointed to serve only as a guardian ad litem in a case in which a child has been charged with the commission of a delinquent act may, subject to these Rules, be eligible for compensation under the Program. In such a situation, these Rules would then apply to that guardian ad litem and his or her representation of the alleged delinquent child.
(b) The Office may issue manuals, bulletins, or other documentation interpreting the provisions of these rules and regulations. All manuals, bulletins and other documentation shall be consistent with and reflect the policies contained in these rules and regulations. The provisions contained in such documentation shall be interpreted in favor of these rules and regulations.
(c) The incorporation by reference of any external standard is intended to be the incorporation of that standard as it is in effect on the effective date of these rules and regulations.
Citation to these rules shall be “Wyoming Guardians Ad Litem Program Rules and Regulations,” or more simply “GAL Rules.”
(a) The following excerpts from the National Association of Counsel for Children's (NACC) NACC Recommendations for Representation of Children in Abuse and Neglect Cases are adopted by the Office as the policy guidelines of the Program:
(i) Each child is valued as a unique human being, regardless of race, ethnicity, religion, age, social class, physical or mental disability, gender, or sexual orientation.
(ii) Each child is vested with certain fundamental rights, including a right to physical and emotional health and safety. In order to achieve this, we must promote legal rights and remedies for children, including empowering children by ensuring that courts hear and consider their views in proceedings that affect their lives.
(iii) Every child subject to a child protection proceeding must be provided an independent, competent, and zealous attorney, trained in the law of child protection and the art of trial advocacy, with time and resources to handle the case.
(iv) Children's attorneys play a critical role in empowering children and ensuring that children's views are heard in legal proceedings. Outcomes in our adversarial process are directly tied to the quality of legal representation. Additionally, the presence of children's attorneys is critical to ensuring the timeliness of proceedings.
(v) Children's attorneys play a critical role in advocating for permanency and for the continuation of familial relationships, family preservation and family and community placements where appropriate. The attorney must advocate for timely resolution and permanent resolution (absent compelling reasons to the contrary) of the case. The attorney must advocate for food, shelter, clothing, and safety, including a safe temporary placement where necessary and for educational, medical, mental health, and dental needs. Where appropriate, the attorney should advocate for continuation of appropriate familial relationships, family preservation services and against out-of-home placements.
(b) As NACC has found, attorneys representing children should have a combination of knowledge, training, experience, and ability which allow them to effectively discharge their duties to their children clients. To that end the Office will develop reasonable and enforceable rules for the provision of quality GAL services to children in child protection cases and TPRs.
(c) The Program and all Program GALs shall embody these policies and strive to fulfill those ideals. The child's attorney should not be merely a fact-finder, but rather, should zealously advocate a position on behalf of the child. In furtherance of that advocacy, the child's attorney must be adequately prepared prior to hearings. The attorney's presence at and active participation in all hearings is absolutely critical.
The Office shall fully implement the intent of the legislature in enacting 2008 Wyoming Session Laws Ch. 48, § 316, transfer of the Guardians Ad Litem Program. As compensation from the Guardians Ad Litem Program may be available only as funds are provided by the Wyoming Legislature, the Program will be administered to fully utilize the authorized funds. The State Public Defender is the final authority in administering and operating the Guardians Ad Litem Program.
(a) Terminology. Except as otherwise specified, the terminology used in this chapter is the standard terminology and has the standard meaning used in all legal settings and contexts.
(b) Unless otherwise specified, the incorporation by reference of any external standard is intended to be the incorporation of that standard as it is in effect on the effective date of this chapter, including any applicable amendments, corrections, or revisions, but excluding any subsequent amendments or changes.
The following definitions shall apply in the interpretation and enforcement of these rules. Where the context in which words are used in these rules indicates that such is the intent, words in the singular number shall include the plural and vice versa. Throughout these rules, gender pronouns are used interchangeably, except where the context dictates otherwise. The drafters have attempted to utilize each gender pronoun in equal numbers, in random distribution. Words in each gender shall include individuals of the other gender.
(a) 'Administrator.' Refers to the Guardians Ad Litem Program Administrator.
(b) 'Best interests.' Refers to a determination of the most appropriate course of action based on objective considerations of the child's specific needs and preferences. The determination of the best interests of the child should be based on objective criteria as set forth in the law that are related to the purposes of the proceedings. The criteria should address the child's specific needs and preferences, the goal of expeditious resolution of the case so the child can remain or return home or be placed in a safe, nurturing, and permanent environment, and the use of the least restrictive detrimental alternatives available. This determination must include the presumption that it is in the child's best interest to be with his or her parent(s), as outlined by the Wyoming Supreme Court in In re Guardianship of MEO, 2006 WY 87, 138 P.3d 1145 (Wyo. 2006).
(c) 'Caseload.' Refers to the amount--or number-- of open juvenile cases an attorney guardian ad litem has been appointed to and is currently maintaining and working.
(d) 'Compensation.' Means money or other recompense given directly for the attorney guardian ad litem services provided and performed pursuant to the Program.
(e) “Contract.” Refers to the contract between an individual attorney and the Office, whereby the individual attorney promises to provide guardian ad litem services to the Program, pursuant to these Rules, Office policy, pertinent court rules and statutes, and the contract itself, in exchange for a certain rate or amount of money to be paid by the Office through the Program.
(f) “Director.” Refers to the Wyoming Guardians Ad Litem Program Director, an attorney employed by the Office of the State Public Defender to oversee the Program, or the Director’s agent, designee, or successor.
(g) “Full-time.” Refers to a one hundred percent (100%), full-time contract or employment. Means an employee or contractor is obligated to expend all of his work-time exclusively for the Office or the Program, and may not be employed with or contracted by another entity.
(h) “Funding.” State funds appropriated and available to pay for guardian ad litem services. Funding does not include any other funds available to the Office that are not designated and appropriated for guardian ad litem services.
(i) “GAL.” Refers to attorney guardian, or guardians, ad litem, who is, or are, certified by the Office to furnish guardian ad litem services and who have contracted with the Office to provide such services.
(j) “GAL Panel.” Refers to the list maintained by the Program and posted on the Program website of all attorneys certified and contracted with the Program to provide GAL services.
(k) “Office.” The Office of the Wyoming State Public Defender, its agent, designee, or successor.
(l) “Part-time.” Refers to less than a full-time contract or full-time employment. Any contract or employment whereby the contractor is not obligated to exclusively and entirely perform his services only for the Office or Program. Part-time does not necessary mean “half-time.” The contract between the contractor and the Office defines and determines its duration and quantity.
(m) “Program.” The Wyoming Guardians Ad Litem Program, established pursuant to 2005 Wyoming Session Laws Chapter 237 (repealed), and transferred to the Office of the Wyoming State Public Defender pursuant to 2008 Wyoming Session Laws Chapter 48, § 316.
(n) “Rules.” Unless the context clearly requires otherwise, “Rules” means the Office of the Wyoming State Public Defender Guardians Ad Litem Program Rules and Regulations, of which this chapter is a part.
(o) “Shelter care hearing.” Means a hearing regarding the temporary care of a child in physically nonrestrictive facilities pending court disposition or execution of a court order for placement or commitment.
(p) “Supervisor.” Means an attorney who is a Guardian Ad Litem Program Supervisor.
(q) “TPR.” Refers to a termination of parental rights proceeding.
(a) The Office shall provide necessary administrative support and supervisory oversight for the Program. The Office shall provide for oversight of the Program. Supervisory attorney guardians ad litem, or any other attorney guardian ad litem designated by the State Public Defender or her designee, or the Director or her designee, are authorized and may attend all proceedings in an action, including closed proceedings, to oversee attorney guardians ad litem, unless a conflict of interest exists.
(b) The Office shall require any attorney who seeks to contract with or be employed by the Office for legal representation of children as a guardian ad litem to meet the standards for guardians ad litem established by the Office.
(c) The Office shall, in its discretion, set standard fee schedules for guardian ad litem services.
(d) The Office shall establish standards for attorney guardians ad litem that will ensure their advice remains independent of private providers and that their recommendations consider cost impacts and savings to the state of Wyoming.
(e) The Office will cooperate with the state’s juvenile courts in developing a case appointment system in each county for all applicable cases requiring the appointment of an attorney guardian ad litem. In such cases, the Office will develop a case contact system, utilizing contact attorneys or supervising attorneys in each county to find a Program guardian ad litem available to take a new case and appear at the shelter care/detention hearing.
(i) If the court appoints the Program as the representative guardian ad litem, the Program shall assign the appointment to an attorney with whom it has contracted to serve as a guardian ad litem.
(ii) The Program shall maintain a list of qualified attorneys with whom it has contracted, the GAL Panel, and shall post the GAL Panel on the Program’s website. The Program shall also furnish that list to each juvenile court in the state and to the county/district attorney in each county annually periodically. Any attorney appointed by the court that is not on the Program’s list will not be reimbursed or compensated.
(iv) Nothing herein precludes a court or the Program from appointing the
University of Wyoming College of Law Clinics to a case. The clinic students serve as GALs under the direct supervision of a faculty supervisor and do not charge legal fees for their services.
(f) The Office shall establish agency protocols to determine and resolve conflicts of interest. These protocols shall ensure that the Program will be, and will remain, separate and distinct from the Public Defender's Criminal Defense and Juvenile Delinquency division(s), whose functions are outlined in the Public Defender Act (WYO. STAT. ANN. §§ 7-6-101 et. seq.).
(g) The Office may negotiate and enter into contracts or memoranda of understanding with any individual or entity as necessary or convenient to facilitate the Office's duties under this Program and to adequately and sufficiently maintain, operate and administer the Program.
(h) Each GAL on the GAL Panel will be evaluated yearly by the Program Director, the District Court Judges before whom they regularly appear, and any other stakeholders the Program may identify. Said evaluations will be considered when renewing contracts each year.
(i) The State Legislature has appropriated from the general fund to the Office a set amount of funds each biennium for administration and operation of the Program. This appropriation shall only be expended for the purpose of the Program transferred under 2008 Wyoming Session Laws Ch. 48, § 316. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert at the end of each biennium as provided by law. A request for this appropriation shall be included in the Office's standard biennial budget requests.
(j) The Office shall report on or before November 1 of each year to the joint judiciary interim committee and the joint appropriations interim committee on the results of the program transferred by this section including the number of cases and the amount of monies expended for compensation and the amounts of matching monies from participating counties.
A full-time attorney GAL shall not engage in private practice except to complete business pending at time of his/her employment or contract. A full-time GAL shall devote his/her full-time to performing GAL services as directed by the Director.
All information provided to the Program staff and GALs shall be confidential and shall not be released or admitted in a court proceeding unless otherwise ordered by a court. In no event shall communications between a child and the child's GAL be admitted, without the child’s informed consent, even if that information has been provided to Program staff. In a case where a child is unable to give “informed consent” to such a release of privileged communication, the decision of whether to waive the attorney-client privilege is reserved to the GAL.
The protections provided by these Rules do not exclude any protection or sanction that the law otherwise provides.
(a) The order in which the provisions of the chapters of these Rules appear is not to be construed to mean that any one provision is more or less important than any other provision.
(b) The text of the chapters of these Rules shall control the titles of its various provisions.
The chapters of these Rules supersede all prior rules or policy statements issued by the Office, which may be inconsistent with the chapters of these Rules.
If any portion of the chapters of these Rules is found to be invalid or unenforceable, the remainder shall continue in full force and effect.