Section 74.20.310. Guardian ad litem in actions brought to determine parent and child relationship—Notice.

(1) The provisions of RCW 26.26.555 requiring appointment of a guardian ad litem to represent the child in an action brought to determine the parent and child relationship do not apply to actions brought under chapter 26.26 RCW if:

(a) The action is brought by the attorney general on behalf of the department of social and health services and the child; or

(b) The action is brought by any prosecuting attorney on behalf of the state and the child when referral has been made to the prosecuting attorney by the department of social and health services requesting such action.

(2) On the issue of parentage, the attorney general or prosecuting attorney functions as the child's guardian ad litem provided the interests of the state and the child are not in conflict.

(3) The court, on its own motion or on motion of a party, may appoint a guardian ad litem when necessary.

(4) The summons shall contain a notice to the parents that pursuant to RCW 26.26.555 the parents have a right to move the court for a guardian ad litem for the child other than the prosecuting attorney or the attorney general subject to subsection (2) of this section.

[ 2002 c 302 § 705; 1991 c 367 § 45; 1979 ex.s. c 171 § 15.]

NOTES:

Application—Construction—Short title—2002 c 302: See RCW 26.26.903 and 26.26.911.

Severability—Effective date—Captions not law—1991 c 367: See notes following RCW 26.09.015.

Severability—1979 ex.s. c 171: See note following RCW 74.20.300.

2002 c 302 § 705; 1991 c 367 § 45; 1979 ex.s. c 171 § 15.