2019 Revised Code of Washington
Title 11 - Probate and Trust Law
Chapter 11.130 - Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.
11.130.200 Attorney for minor or parent.
RCW 11.130.200 Attorney for minor or parent. (Effective January 1, 2021.)
(1) The court is not required, but may appoint an attorney to represent a minor who is the subject of a proceeding under RCW 11.130.190 if:
(a) Requested by the minor and the minor is twelve years of age or older;
(b) Recommended by a guardian ad litem; or
(c) The court determines the minor needs representation.
(2) An attorney appointed under subsection (1) of this section shall:
(a) Make a reasonable effort to ascertain the minor's wishes;
(b) Advocate for the minor's wishes to the extent reasonably ascertainable; and
(c) If the minor's wishes are not reasonably ascertainable, advocate for the minor's legal rights.
(3) A minor who is the subject of a proceeding under RCW 11.130.190 may retain an attorney to represent the minor in the proceeding.
(4) A parent of a minor who is the subject of a proceeding under RCW 11.130.190 may retain an attorney to represent the parent in the proceeding.
(5) The court must appoint an attorney to represent a parent of a minor who is the subject of a proceeding under RCW 11.130.190 if:
(a) The parent has appeared in the proceeding;
(b) The parent is indigent; and
(c) Any of the following is true:
(i) The parent objects to appointment of a guardian for the minor; or
(ii) The court determines that counsel is needed to ensure that consent to appointment of a guardian is informed; or
(iii) The court otherwise determines the parent needs representation.
(6) The court must inquire about whether a parent is indigent to ensure that counsel is appointed in a timely manner. For purposes of this section, "indigent" has the same meaning as under RCW 10.101.010.
(7) The court is not required, but may appoint an attorney to represent a parent of a minor who is the subject of a proceeding under RCW 11.130.190, even if the parent is not indigent, if:
(a) The parent objects to appointment of a guardian for the minor;
(b) The court determines that counsel is needed to ensure that consent to appointment of a guardian is informed; or
(c) The court otherwise determines that the parent needs representation.
(8) A party represented by an attorney in proceedings under this article has the right to introduce evidence, to be heard in his or her own behalf, and to examine witnesses. If a party to an action under this article is represented by counsel, no order may be provided to that party for signature without prior notice and provision of the order to counsel.
[ 2019 c 437 ยง 204.]
