Wyo. Code R. 008-0001-3
Effective Date: 07/02/2008 to 10/24/2008
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 008.0001.3.07022008
(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 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, and experience. The rate of compensation set by the Office is entirely in its discretion.
(ii) This rate of compensation covers all expenses related to the case and the GAL's overhead in relation to the case.
(iii) As required by 2008 Wyoming Session Laws Chapter 48, § 316(b), 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 by attorneys in child protection or children in need of supervision cases. The Office and the individual county shall establish the compensation rate within the county for attorneys providing legal representation as guardians ad litem in child protection and children in need of supervision cases.
(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.
(b) The Administrator shall notify each participating 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 the entire year in that county, by June 30 of each fiscal year. The Administrator shall also by June 30 of each fiscal year invoice each participating county for the total amount to be reimbursed.
(a) GALs shall submit bills for GAL services performed in any given month on an invoice to the Administrator within 15 calendar days 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 Legal Services Program.
(b) Format of bills. All documentation submitted for billing shall:
(i) be submitted on 8 ½' x 11' paper;
(ii) contain at the beginning of the billing for each individual case, in bold, the court docket numbers and child's name;
(iii) be in an easily readable format;
(iv) include itemized charges as set out below.
(c) GALs will not be paid for GAL services provided for cases accepted and billed which exceed the maximum sixty-five (65) caseload for part-time GALs and one hundred (100) caseload for full-time GALs, unless pre-approved by the Director. The Administrator 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.
(d) The Director and Administrator shall review the bills to assure compliance with these Rules, the Program, the court order, and the contract between the GAL and the Office.
(e) GALs agree, pursuant to the contract and these Rules, to comply with all requirements imposed by the Office, the Program, the Director, and the Administrator in the submission of billing.
(f) All GAL bills based on a per hour rate will be billed to the closest tenth of the hour, i.e. every six (6) minutes.
(g) Within 15 calendar days after the end of the preceding month in which the GAL provided GAL services for the Program, the GAL shall provide the Administrator with an invoice for that preceding month's services, which itemizes the GAL's charges by client, date and service provided, explaining and showing all hours expended on each case during that month. The itemization shall include, if applicable:
(A) a further itemization of any time spent for phone calls, text-messaging, emails, and letters and legal documents drafted in furtherance of the case;
(B) a further itemization showing whether any time was spent visiting with the client, either in-person or through other means, and/or with the client's parents, extended family, or other care givers, and/or with the client's school personnel, and/or with any other pertinent parties.
(h) The GAL shall provide to the Administrator, along with his bill or invoice, a complete mailing and physical address for both parents, or any other pertinent caregiver, of each child represented the previous month, so long as the GAL has knowledge of or can obtain the addresses.
(i) 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 Administrator, 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.
The Director and Administrator shall review and audit all bills/invoices submitted by attorney GALs to the Administrator and the 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.
(a) The GAL shall submit documentation to the Director or Administrator that explains or verifies a charged amount within ten (10) calendar days when requested by the Director or Administrator.
(b) The failure of a GAL to submit requested documentation with the ten (10) calendar days will result in non-payment for the charged amount.
If the Office enters into a contract with the University of Wyoming College of Law's Legal Services Program to provide GAL services on a non-fee basis, the Legal Services Program shall provide the Administrator with a monthly case update regarding any cases for which it is providing GAL services.
At time of disposition of the case, the GAL shall provide to the court the total amount of GAL fees incurred by him in the case.