§ 14-12-103 — County participation; reimbursement; offices and equipment

Wyoming § 14-12-103

• Jurisdiction: Wyoming
• Title 14: Children
• Ch. 12: OFFICE OF GUARDIAN AD LITEM

Text

(a) The office of guardian ad litem shall enter into
agreements with each county participating in the program.
Agreements shall require counties to comply with all rules and
policies established by the office. The agreement shall
establish the compensation rate within the county for attorneys
providing legal representation as guardians ad litem in program
cases and the reimbursement requirements. A county may agree
with an attorney providing services to the office to pay a rate
in excess of the rate set for payment by the office. If a county
agrees to do so, it shall enter into a separate contract with
the attorney providing services and shall be responsible and
obligated to reimburse the program for one hundred percent
(100%) of the excess amount. The county shall enter into a
separate agreement with the office setting out the agreement,
the excess rate and the responsibilities and obligations of all
parties.
(b) The office shall pay from the guardian ad litem
account one hundred percent (100%) of the fees for the legal
representation of children by attorneys as guardians ad litem in
program cases. Participating counties shall reimburse the
office an amount equal to not less than twenty-five percent
(25%) of the agreed program fees, not less than twenty-five
percent (25%) of the office's administrative cost prorated by
program funds expended in each county and one hundred percent
(100%) of excess rate fees. The office shall invoice the county
for its proportionate share. In the event a county does not make
payments within ninety (90) days, the state treasurer may deduct
the amount from sales tax revenues due to the county from the
state and shall credit the amount to the account created in
subsection (c) of this section.
(c) There is created a guardian ad litem account. All
reimbursements received by the office under this article shall
be deposited to the account. Funds within the account are
continuously appropriated to the office of guardian ad litem for
expenditure for the sole purpose of the guardian ad litem
program.
(d) Agreements entered into under this section shall
include provision for each county, in which guardians ad litem
employed by or under contract with the office are located, to
provide adequate space and utility services, other than
telephone service, for the use of the program's guardians ad
litem. If suitable office space for all guardians ad litem
cannot be provided, the county shall provide, based upon a
proportional share, a monthly stipend to all program guardians
ad litem housed in private facilities. The proportional share
shall be determined by the office, based upon the counties
served by each guardian ad litem not provided suitable office
space. The stipend shall be paid directly by the county to the
program guardian ad litem.
(e) A county which does not participate in the program,
shall be responsible for the full cost of guardians ad litem
legal fees as provided by W.S. 14-2-318(b)(i), 14-3-434(b)(vi),
14-6-235(b)(vi) and 14-6-434(b)(vi).
(f) The office shall enter into a memorandum of
understanding with the department of family services under which
a guardian ad litem will be provided for cases in which the
department is required by law or court order to provide guardian
ad litem services in any of the cases or actions specified in
W.S. 14-12-101(a). The department shall reimburse the office an
amount equal to not less than twenty-five percent (25%) of the
agreed fees paid to guardians ad litem in actions under this
subsection.