Wyo. Code R. 008-0001-3
Effective Date: 02/04/2013 to Current
Rule Type: Current Rules & Regulations
Reference Number: 008.0001.3.02042013
(a) Private attorneys who have contracted with the Office to provide guardian ad litem services will be compensated at a reasonable rate, on an hourly basis, a per case basis, set monthly pay or by a time limited contract, determined by the Office, in its sole discretion, for the time expended on a child’s case. This rate includes the counties’ twenty five percent (25%) or more match.
(i) A negotiated contract between the GAL attorney and the Office may result in different compensation rates depending on various factors including, but not limited to, location, economy, caseload, work quality and performance, NACC Child Welfare Law Specialist Certification, and experience. The rate of compensation set by the Office is entirely in its discretion.
(ii) This contract covers all expenses related to the case and the GAL’s overhead in relation to the case, unless otherwise set out.
(iii) As required by Wyoming Statutes §§ 14-12-101 through 14-12-104, no state money appropriated under this section shall be expended in any county unless the county agrees to match, at a minimum, twenty-five percent (25%) of the state money for the compensation of legal representation of children.
(iv) Any county may independently agree with a Program’s GAL to pay a rate in excess of the rate set by the Office, provided however that the county enters into a separate contract with that GAL for the excess amount and is responsible and obligated to pay that excess amount. If that situation arises, both the GAL and the county agree and understand that the Program will not compensate/reimburse for that excess amount.
(v) If subparagraph (iv), above, does occur, the county will enter into a separate agreement with the Office setting out the agreement, the excess rate and the responsibilities and obligations of all parties.
(b) Attorneys employed by the Office to provide guardian ad litem services will be compensated by salary.
(a) The Office shall enter into agreements with the individual counties of the state participating in the Program, providing that the Program will pay out of the appropriated funds one hundred percent (100%) of the compensation rates chosen by the Office, and that those participating counties will then reimburse the Program an amount equal to at least twenty-five percent (25%) of GAL funds paid to those attorneys and provide for office space or an office space stipend as required by Wyoming Statute § 14-12-103(d).
(b) The Deputy Director shall invoice each participating county on a quarterly, semiannual or annual basis, in accordance with agreements reached with each county, of the total amount it must reimburse the Program, based upon the matching twenty-five percent (25%) or more of appropriated funds expended by the Program for that time period in that county.
(a) GALs shall submit bills for GAL services performed in any given month on an invoice to the Deputy Director within a reasonable time period determined by the Program, and set out by contract or policy, after the end of the preceding month. Billing not in conformance with the requirements imposed by these Rules, the Program, or the contract between the GAL and the Office, will not be paid by the Program. This section does not apply to the University of Wyoming College of Law's Clinics.
(b) GALs will not be paid for GAL services provided for cases accepted and billed which exceed the maximum forty-five (45) clients for part-time GALs eighty-five (85) clients for full-time GALs, unless pre-approved by the Deputy Director. The Deputy Director shall evaluate the cases in terms of the date of the GAL's acceptance of appointment or assignment. Any case taken after the date the GAL reaches the maximum caseload without pre-approval will be considered an un-billable case and payment will not be tendered for GAL services provided for such a case.
(c) The Deputy Director and Program staff shall review the bills to assure compliance with these Rules, the Program, the court order, and the contract between the GAL and the Office.
(d) GALs agree, pursuant to the contract and these Rules, to comply with all requirements imposed by the Office, the Program, the Deputy Director, and Program staff in the submission of billing.
(e) If a child represented the previous month is, or was, residing with someone other than his parents, or either parent, the GAL shall provide to the Deputy Director, along with his bill or invoice, a complete mailing and physical address for whomever the child is residing with, so long as the GAL has knowledge of or can obtain the address.
(a) The Deputy Director and Program staff shall review and audit all bills/invoices submitted by attorney GALs; and the Deputy Director may, in her sole discretion based upon the duty to provide oversight and accountability to the Program, reduce a bill/invoice and remit payment to that GAL for the reduced amount.
(b) The GAL shall submit documentation to the Deputy Director that explains or verifies a charged amount within ten (10) calendar days when requested by the Deputy Director.
Similarly, if a charge is denied by the Deputy Director and the GAL wants to dispute said charge, they shall submit the information in writing within ten (10) calendar days from the date of payment slip receipt.
(c) The failure of a GAL to submit documentation with the ten (10) calendar days will result in non-payment for the charged amount.
If the Office enters into a memorandum of understanding with the University of Wyoming College of Law’s Clinics to provide GAL services on a non-fee basis, the Clinics shall provide the Deputy Director with a monthly case update and any other information necessary regarding any cases for which it is providing GAL services.