Vol. 31, No. 6, 9. New Rules for Guardian ad Litem Program.

• Author: Author: Stacey L. Obrecht

Wyoming Bar Journal

2008.

Vol. 31, No. 6, 9.

New Rules for Guardian ad Litem Program

Wyoming Bar Journal Issue: December, 2008 Author: Stacey L. Obrecht New Rules for Guardian ad Litem Program

On July 1, 2008, the administration of the Guardians ad Litem Program (hereinafter "GAL Program") was transferred from the Wyoming Supreme Court to the Wyoming Office of the Public Defender (hereinafter "PD Office") pursuant to 2008 Wyo. Sess. Laws 316. Before this date, the Office of the Public Defender began the rulemaking process, as required by subsection (d) of 2008 Wyo. Sess. Laws 316. The Program rules were written by Diane Lozano, the State Public Defender, and Ryan Roden, the Deputy State Public Defender. A public comment period and a public hearing were held. Based on comments, numerous changes were made to the Rules and a second comment period was necessary. This period has ended and the final rules were adopted by the PD Office on October 30, 2008, and filed with the requisite entities. These final rules can be found on the GAL Program website. Once the rules are approved, they will also be on the Secretary of State's website.

Some of the major changes made to the rules in response to public comment were lowering attorney caseloads, implementing a new case contact system, adding in the responsibility to independently investigate services prior to recommending out-of-home placement, requiring live training and a formal complaint process.

Perhaps the biggest change to the GAL Program after it transferred to the PD Office was the change in payment. Previously, the counties would pay the attorneys $100 per hour directly and then submit a bill to the state GAL Program for reimbursement of $80 per hour. Effective July 1, 2008, all certified and trained guardians ad litem (hereinafter "GALs") are paid $100 per hour directly from the GAL Program. The attorneys' bills are reviewed and the counties are billed by the GAL Program for their match. The Program tracks all cases, caseloads and payments.

Only attorneys on the GAL Panel are assigned new GAL cases in the participating 22 counties. To be on the GAL Panel, an attorney must have completed...