Wyoming Administrative Code › Agency 008 - Public Defenders, State › Sub-Agency 0001 - Guardian Ad Litem Program › Chapter 1 - GENERAL PROVISIONS › Section 1-7 - Definitions

Current through July 13, 2024
The following definitions shall apply in the interpretation and
				  enforcement of these rules. Where the context in which words are used in these
				  rules indicates that such is the intent, words in the singular number shall
				  include the plural and vice versa. Throughout these rules, gender pronouns are
				  used interchangeably, except where the context dictates otherwise. The drafters
				  have attempted to utilize each gender pronoun in equal numbers, in random
				  distribution. Words in each gender shall include individuals of the other
				  gender.
(a) "Best interests." Refers to
				a determination of the most appropriate course of action based on objective
				considerations of the child's specific needs and preferences. The determination
				of the best interests of the child should be based on objective criteria as set
				forth in the law that are related to the purposes of the proceedings. The
				criteria should address the child's specific needs and preferences, the goal of
				expeditious resolution of the case so the child can remain or return home or be
				placed in a safe, nurturing, and permanent environment, and the use of the least
				restrictive alternatives available. This determination must include the
				presumption that it is in the child's best interest to be with his or her
				parent(s), as outlined by the Wyoming Supreme Court per In re
Guardianship of MEO
, 2006 WY 87, 138 P.3d 1145 (Wyo.
				2006).
(b) "Caseload." Refers to the
				number of juvenile clients an attorney guardian
ad litem
has
				been appointed to represent in an open juvenile case. Caseload will be counted by
				clients, not cases, so if a case has three children, it will be counted three
				times.
(c) "Compensation." Means
				money or other recompense given directly for the attorney guardian
ad
				litem
services provided and performed pursuant to the Program.
(d) "Contract." Refers to the contract between
				an individual attorney and the Office, whereby the individual attorney promises
				to provide guardian
ad litem
services to the Program, pursuant
				to these Rules, Office policy, pertinent court rules and statutes, and the
				contract itself, in exchange for a certain rate or amount of money to be paid by
				the Office through the Program.
(e)
				"Deputy Director." Refers to the Wyoming Guardians
Ad Litem
Program Administrator, an attorney employed by the Office of the State Public
				Defender to oversee the Program as a Deputy Director of the Office, the State
				Public Defender's agent for the GAL Program, in order to avoid conflicts between
				the two divisions of the Office of the State Public Defender. The Deputy Director
				is also charged with acting as the Chief Financial Officer of the GAL Program to
				avoid any conflict between the GAL Program and the Office.
(f) "Full-time." Refers to a one hundred
				percent (100%), full-time contract or employment. Means an employee or contractor
				is obligated to expend all of his work-time exclusively for the Office or the
				Program, and may not be employed with or contracted by another entity.
(g) "Funding." State funds appropriated and
				available to pay for guardian
ad litem
services. Funding does
				not include any other funds available to the Office that are not designated and
				appropriated for guardian
ad litem
services.
(h) "GAL." Refers to attorney guardian, or
				guardians
ad litem
, who is, or are, certified by the Program
				Deputy Director to furnish guardian
ad litem
services and who
				have contracted with or who are employed by the Office to provide such
				services.
(i) "GAL Panel." Refers to
				the list maintained by the Program Deputy Director and posted on the Program
				website of all attorneys certified and contracted with or employed by the Office
				to provide GAL services.
(j) "GAL
				Services." Refers to the legal representation the GAL provides to the child
				client and all that is required to effectively and zealously represent the client
				including, but not limited to, the use of experts; investigation of discovery and
				records; and use of interpreters to communicate with the client.
(k) "Office." The Office of the Wyoming State
				Public Defender, its agent, designee, or successor.
(l) "Part-time." Refers to less than a
				full-time contract or full-time employment. Any contract or employment whereby
				the contractor is not obligated to exclusively and entirely perform his services
				only for the Office or Program. Part-time does not necessarily mean "half-time."
				The contract between the contractor and the Office defines and determines its
				duration and quantity.
(m)
				"Permanency Attorney." A GAL attorney employed or contracted with the Program to
				represent clients in termination of parental rights (TPR) and appellate
				proceedings. This attorney shall work closely with the GAL on the underlying
				juvenile matter while representing the client in the TPR or appellate
				proceeding.
(n) "Program." The
				Wyoming Guardians
Ad Litem
Program codified pursuant to Wyoming
				Statutes §
									§
									
										14-12-101  through
				14-12-104.
(o) "Rules." Unless the context clearly
				requires otherwise, "Rules" means the Office of the Wyoming State Public Defender
				Guardians
Ad Litem
Program Rules and Regulations, of which this
				chapter is a part.
(p) "Shelter care
				hearing." Means a hearing regarding the temporary care of a child in physically
				nonrestrictive facilities pending court disposition or execution of a court order
				for placement or commitment.
(q)
				"Supervisor." Means an attorney who is a Guardian
Ad Litem
Program Supervisor.
(r) "TPR." Refers
				to a termination of parental rights proceeding.