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2003 California Rules of Court Click here for Rule 1424 on the Judicial Council website (a) [Definitions] (1) A "CASA program" is the local court-appointed special advocate program, or variation thereof, which has adopted and adheres to these guidelines and which has been designated by the local presiding juvenile court judge to recruit, screen, select, train, supervise, and support lay volunteers to be appointed by the court to help define the best interests of children in juvenile court dependency and wardship proceedings. (2) A "CASA volunteer" is a person who has been recruited, screened, selected, and trained, who is being supervised and supported by a local CASA program, and who has been appointed by the juvenile court as a sworn officer of the court to help define the best interests of a child or children in juvenile court dependency and wardship proceedings. (3) A "dependency proceeding" is a legal action brought on behalf of an allegedly abused, neglected, or abandoned child pursuant to Welfare and Institutions Code section 300 et seq. The action is designed to protect children, preserve and reunify families, and find permanent homes for children who cannot be returned to their parents. Dependency proceedings include actions to appoint a legal guardian, terminate parental rights, and grant adoptions for dependent children of the juvenile court. (4) A "wardship proceeding" is a legal action involving a child under the age of 18 years who is alleged to be (i) a person described under Welfare and Institutions Code section 601 (who is beyond parental control or habitually disobedient or truant) or (ii) a person described under Welfare and Institutions code section 602 (who has violated any state or federal law or any city or county ordinance). (b) [Recruiting, screening, and selecting CASA volunteers] (1) A CASA program shall adopt and adhere to a written plan for the recruitment of potential CASA volunteers. The following considerations are essential to the effective recruitment of qualified CASA volunteers: (A) The recruitment effort shall clearly explain the purposes of the CASA program and its role on behalf of children in juvenile court proceedings; (B) The recruitment effort shall define the role and responsibilities of the CASA volunteer in such proceedings; (C) The recruitment effort shall emphasize the degree and duration of the commitment expected of the CASA volunteer. The CASA volunteer should be prepared to commit a minimum of one year of service to a child and may be called upon to commit several hours per week of duty; (D) The recruitment effort shall address the demographics of the jurisdiction by making all reasonable efforts to ensure that individuals representing all sectors of the community and all racial, ethnic, linguistic, and economic sub-groups within it are recruited and made available for appointment as CASA volunteers; and (E) The recruitment effort should include some individuals who are able to work effectively with children who have special needs such as those with hearing, sight, or speech impairment; developmental disability; physical or mental disability; or any other condition requiring an individual with special skills for communication and advocacy. (2) A CASA program shall adopt and adhere to a written screening procedure for potential CASA volunteers. The following considerations are essential to the effective screening of qualified CASA volunteers: (A) The screening procedure shall be designed and implemented to ensure that those accepted for training are of good character, competent to fulfill the role of a CASA volunteer, and willing to commit the time and energy necessary to effectively present and advance the best interests of a child or children in juvenile court proceedings; (B) The screening procedure shall include an information and orientation mechanism for aspiring CASA volunteers, presenting such topics as the role of the juvenile court, including its relationship to the child welfare agency in child abuse and neglect cases, the general CASA concept, a description of the local CASA program, and the role and responsibilities of the CASA volunteer; (C) The screening procedure shall include a written application that generates adequate identifying data; information regarding the applicant's education, training, and experience; minimum age requirements; current and past employment; demonstrated interest in children and their welfare; personal experience with child abuse and neglect that bears upon the applicant's ability to be effective in these types of cases; and a statement of commitment to the role and responsibilities of a CASA volunteer; (D) The screening procedure shall include notice to the applicant that a formal security check will be made including inquiries, through appropriate law enforcement agencies, regarding any criminal record, driving record, or other record of conduct that would disqualify the applicant from service as a CASA volunteer. The security check should include fingerprinting and reference to criminal registries in appropriate states. It should also ensure that the CASA volunteer has adequate motor vehicle insurance coverage if use of a motor vehicle will be necessary to the performance of duty. Refusal to consent to a formal security check shall be grounds for rejecting an applicant; (E) The screening procedure shall include a minimum of three references regarding the character, competence, and reliability of the applicant and suitability for assuming the role of a CASA volunteer; and (F) The screening procedure shall include a personal interview or interviews by a person or persons approved by the presiding juvenile court judge or his or her designee probing the essential areas of concern with respect to the qualities of an effective CASA volunteer. A written, confidential record of the interview and the interviewer's assessments and observations should be made, and kept in the advocate's file. (3) A CASA program shall adopt and adhere to a written preliminary selection procedure for CASA candidates regarding entry into the CASA training program. The following considerations are essential to the effective selection of CASA volunteer trainees: (A) The selection procedure should be designed and implemented to ensure that those selected recognize the seriousness of the role to which they aspire and the demands that it will make upon them; and (B) The selection procedure should ensure that those not selected are treated with dignity and respect and, if possible, referred to alternative volunteer opportunities more suitable for them. (Subd (b) amended effective January 1, 1995.) (c) [Training of CASA volunteers] A CASA program shall adopt and adhere to a written plan for the initial training of CASA volunteers. The following considerations are essential to the initial training and final selection of CASA volunteers: (1) The initial training curriculum shall include at least 24 hours of formal instruction covering the following topic areas:
Any other subject deemed appropriate by the CASA program director or the juvenile court presiding judge. If volunteers will be assigned to wardship cases, the initial training shall include instruction on relevant juvenile court law. (2) The initial training program shall include an opportunity for each trainee to visit the juvenile court while it is in session and observe proceedings similar to those in which he or she would be involved as a CASA volunteer as well as the opportunity to visit a local child welfare agency and other community agencies and institutions relevant to the work of a CASA volunteer. (3) The initial training program shall include written materials covering the topic areas of the training curriculum. These materials should be provided to trainees in a form designed for easy access, reference, and update. (4) Trainers and faculty of the initial training program should be persons with substantial knowledge, training, and experience in the subject matter they present and should be competent in the provision of technical training to laypersons aspiring to be CASA volunteers. (5) CASA program staff and others responsible for the initial training program should be attentive to the participation and progress of each trainee and be able to objectively evaluate his or her abilities according to criteria developed by the CASA program for that purpose. The final selection process is contingent on the successful completion of the initial training program, as determined by the presiding judge of the juvenile court or his or her designee. (Subd (c) amended effective January 1, 1995.) (d) [Oath] At the completion of training, and before assignment to any child's case, the CASA volunteer shall take a court-approved oath describing the duties and responsibilities of the advocate. The CASA volunteer shall also sign a written affirmation of that oath. The signed affirmation shall be retained in the volunteer's file. (e) [Duties and responsibilities] (1) CASA volunteers serve at the discretion of the court having jurisdiction over the proceeding in which the volunteer has been appointed. A CASA volunteer is an officer of the court and is bound by all court rules. (2) A CASA program shall develop and adopt a written description of duties and responsibilities, consistent with local court rules, which shall address at least the following: (A) Supporting the child throughout the court proceedings; (B) Explaining the court proceedings to the child; (C) Establishing a relationship with the child to better understand the child's needs and desires; (D) Reviewing available records regarding the child's family history, school behavior, medical or mental health history, etc.; (E) Identifying and exploring potential resources that will facilitate family preservation, early family reunification, or alternative permanency planning; (F) Explaining the CASA volunteer's role, duties, and responsibilities to all parties associated with a case; (G) Communicating the child's needs to the court in written reports and recommendations; (H) Ensuring that the court-approved plans for the child are being implemented; (I) Investigating the interests of the child in judicial or administrative proceedings outside of juvenile court; (J) Communicating and coordinating efforts with the child's social worker, probation officer, and attorney; and (K) Other duties and responsibilities as determined by the presiding juvenile court judge or a designee. (Subd (e) amended effective January 1, 1995.) (f) [The appointment of CASA volunteers] (1) The presiding juvenile court judge and the CASA program director shall develop a written procedure for the selection of cases and the appointment of CASA volunteers for children in juvenile court proceedings. The procedure should recognize the fact that volunteers will not be available for all children, and should include criteria for determining those types of cases and children most likely to benefit from the appointment of an advocate. If volunteer resources are limited, preference in assignment should be given to children in dependency proceedings. (2) The court may appoint a CASA volunteer at any time during dependency proceedings. In the event that appointment is made prior to the establishment of jurisdiction, the court order shall specify that the duties of the child's advocate are limited to supporting the child and advocating for needed services. The court shall admonish the child's advocate not to investigate jurisdictional issues. In making prejurisdictional appointments, the courts and CASA programs are encouraged to follow the early assignment protocol developed by the California CASA Association. (3) The court may appoint a CASA volunteer at any time following a declaration of wardship at a disposition hearing in wardship proceedings. (4) In developing the criteria for selection of cases and assignment of a volunteer, the CASA program shall consider the complexity of the case; the availability of alternative support persons in the child's life; the age and sex of the child or children; the cultural, ethnic, linguistic, religious, and other background characteristics (including any disabilities) of the child and family; the potential assistance a volunteer could provide; the availability of a particular volunteer to meet the specific needs of the child; and such other factors as the CASA program may deem relevant to the assignment of the most effective CASA volunteer for the case. (5) The procedure shall ensure that a qualified volunteer is assigned to a case as early as possible after a court referral is made. (6) The procedure shall ensure that no conflict of interest exists with respect to the CASA volunteer and any other party or interest associated with the case. (7) The procedure shall ensure that all appointments and assignments are made by an appropriate order of the court, and that, whenever possible, the order for appointment shall contain specific duties of the volunteer and the reasons for the appointment; that all appointments and assignments are acknowledged in writing; and that all persons entitled to notice of the hearings are notified of the appointment of the CASA program and of their opportunity to petition the court for a hearing on the matter. The advocate may request the court at any time for a clarification of CASA duties on a specific case. (8) The procedure shall ensure that as soon as feasible after the appointment or assignment of a CASA volunteer, he or she obtains access to appropriate case materials, including the court file, the appointment order, the assignment letter, and such other documents as may be necessary to effectively present and promote the child's or children's best interests. Likewise, the CASA volunteer shall receive immediate guidance from CASA program staff in developing a plan of action for undertaking the duties and responsibilities of a CASA volunteer. (Subd (f) amended effective January 1, 1995.) (g) [Oversight, support, and supervision of CASA volunteers] (1) A CASA program shall adopt and adhere to a written plan, approved by the presiding juvenile court judge, for the oversight, support, and supervision of CASA volunteers in the performance of their duties. The following considerations are essential to the effective oversight and supervision of CASA volunteers: (A) Case supervisors and other CASA program staff shall be persons with substantial knowledge, training, and experience regarding the CASA concept and the curriculum the volunteers have been trained in, and be competent to provide the necessary supervision, support, and evaluation services to CASA volunteers in the exercise of their duties; (B) The written oversight, support, and supervision plan shall be designed and implemented to ensure that the CASA program staff can readily determine the status of a case assigned to a CASA volunteer; assess the needs of the volunteer for support with respect to any aspect of the case; evaluate the performance of the volunteer in presenting and promoting the best interests of the child; and provide whatever support or other intervention as may be appropriate to the circumstances of the particular case; (C) The written oversight, support, and supervision plan shall include an accurate case-assignment record; an up-to-date calendar; a monthly case log system; and regularly scheduled case conferences during which the CASA volunteer meets personally with a CASA program staff person to review the progress, status, and prospective activities of the case(s) to which the volunteer is assigned. Case conferences should occur at least every 60 days and should be conducted with reference to the case file and a checklist or protocol adopted by the CASA program for this purpose. The checklist and a brief written record of the case review should be preserved in the case file; (D) The plan shall ensure that CASA volunteers have ready access to CASA program staff for support, assistance, and direction. For emergency situations, the written plan should contain some provision for 24-hour coverage whether by the CASA program itself or through a local crisis hot-line or other mechanism; (E) The plan should ensure that CASA volunteers have ready access to an attorney knowledgeable in juvenile court law provided by the CASA program, whether retained or pro bono, for advice and direction on nonroutine legal issues that may arise in the course of duty. Access to such counsel should be regulated by CASA program staff; (F) The plan shall include an annual evaluation procedure to confirm the continuing qualification of the CASA volunteer. This procedure should include analysis of case files and the case review records; the volunteer's record with respect to ongoing training and continuing education; inquiries to the juvenile court officers in whose courts the volunteer has received assignments; follow-up security checks if warranted; and such other information as may have come to the attention of CASA program staff. A written record of the evaluation shall be maintained in the volunteer's file; (G) The plan shall include a procedure for reviewing grievances by the volunteer or by any party brought against the volunteer; and (H) The plan shall ensure that the presiding juvenile court judge, and other juvenile court judges and referees, have open and regular channels of communication to the CASA program director and ready access to information regarding the status of CASA cases and activities. (2) A CASA program shall adopt and adhere to a written plan for the ongoing training and continuing education of CASA volunteers. The following considerations are essential to the effective ongoing training and continuing education of CASA volunteers: (A) Ongoing training shall be designed and presented to maintain and improve the level of CASA volunteer knowledge and skill and to keep volunteers up-to-date on changes in law, local court procedure, the practices of other involved agencies including the local child welfare agency, CASA program policies, and developments in the fields of child development, child abuse, and child advocacy; (B) Ongoing training opportunities should be provided at least monthly if possible and CASA volunteers shall participate in at least 10 hours of continuing education in each year of service; (C) Ongoing training may be provided directly by the CASA program, in cooperation with another agency or agencies, including the local child welfare agency, or through an outside agency if the substance and quality of the training opportunity and its suitability for the continuing education of CASA volunteers has been approved by the CASA program. Site and field visits to agencies and institutions relevant to the work of a CASA volunteer should be included as a part of ongoing training; (D) The program should consider having available resource persons in such areas as education, mental health, and medicine for consultation on an as-needed basis; and (E) Trainers, consultants, and faculty of ongoing training and continuing education should be persons with substantial knowledge, training, and experience in the subject matter they present and should be competent in the provision of technical training to persons serving as CASA volunteers. (Subd (g) amended effective January 1, 1995.) (h) [Removal, resignation, and termination of a CASA volunteer] The CASA program shall adopt a written plan for the removal, resignation, or involuntary termination of a CASA volunteer. (1) A volunteer may resign or be removed from an individual case at any time by the order of the juvenile court presiding judge or a designee. (2) A volunteer may resign from the program by submitting a written notice to the director of the program. (3) A volunteer may be involuntarily terminated from the program by the court upon written application to the court by the program director. The court should determine by local court rule the procedure for acting on the application, including the procedure for filing a grievance. (Subd (h) amended effective January 1, 1995.) (i) [CASA program administration and management] (1) A CASA program shall adopt and adhere to a written plan for effective and efficient program governance and evaluation. The following considerations are essential to the effective governance of a CASA program: (A) The governance plan shall be designed to best serve the underlying principles of the CASA concept. The plan shall include, if applicable, articles of incorporation, by-laws, and a board of directors. Any CASA program that functions under the auspices of a public agency or private entity shall specify in its plan a clear administrative relationship with the parent organization and clearly delineated delegations of authority and accountability. No CASA program may function under the auspices of a probation department or department of social services. Any CASA program that is functioning under the auspices of a probation department or department of social services on the effective date of this rule must comply with this subdivision by July 1, 2001. The CASA program director of a program that functions under the auspices of a public agency or a private entity shall appoint an active advisory council to: (i) Support the CASA program in its relations with the court and the community; (ii) Assist in the development of resources; and (iii) Provide advice and recommendations to the CASA program with regard to program goals and policies. (B) The governance plan shall include a clear statement of the purpose or mission of the CASA program and express goals and objectives calculated to further its purposes; (C) The governance plan shall include a procedure for the recruitment, selection, and hiring of a highly competent chief executive officer for the CASA program. Clear lines of authority among the presiding judge of the juvenile court, the governing body, and the chief executive officer should be drawn; the chief executive officer's duties and responsibilities should be delineated; and a mechanism for regular evaluation should be specified in an employment agreement; and (D) The governance plan shall include a mechanism for a regular evaluation of program effectiveness and reevaluation of its goals and objectives. (2) A CASA program shall adopt and adhere to a written plan for effective and efficient program operations. (A) The operations plan shall include an organizational chart with clear lines of authority to a governing body or official and to the presiding juvenile court judge, as applicable; and (B) The plan should include preparation and maintenance of a program manual containing the policies and procedures indicated by these guidelines; initial and ongoing training materials; and such additional material as the CASA program may deem appropriate to the effective performance of its program functions. This manual should be made available to the CASA volunteers and serve as their key reference source in undertaking and performing their duties. (3) A CASA program shall adopt and adhere to a written plan for effective and efficient program management. The management plan should include an administrative manual containing personnel policies, record-keeping practices, data collection practices, and other internal systems for ensuring high-quality administrative support for staff, CASA volunteers, juvenile court personnel, allied agencies, and others who collaborate in the work of the CASA program. (4) A CASA program shall adopt and adhere to a written plan for effective and efficient fiscal control. (A) The fiscal plan should include budgetary projections and a strategy for obtaining necessary funding to finance program operations; (B) The fiscal plan should include policies and procedures, as applicable, to ensure the integrity and effective and economical use of funds appropriated, allocated, or donated in furtherance of the program's purposes; and (C) The fiscal plan should include, if applicable, an annual audit or fiscal review conducted by a qualified professional consistent with generally accepted accounting principles. (5) In conjunction with the presiding judge of the juvenile court or his or her designee, each CASA program should develop local juvenile court rules pertaining to the CASA program. Those rules may include: (A) Definition of the role of a CASA volunteer in juvenile court proceedings; (B) Types of cases on which a CASA volunteer will be appointed; (C) Range of activities that can be undertaken by a CASA volunteer; (D) Point of time in proceedings when a CASA volunteer will be appointed; (E) Definition of the relationship among operational participants, including, but not limited to, the court, the child welfare agency, mental health professionals, attorneys, and CASA volunteers and staff; (F) Provision for open and regular channels of communication between the CASA program director/staff and the presiding juvenile court judge, other judges and referees in the juvenile court, child welfare system officials, and officials from other participating agencies; and (G) Access to confidential personnel and CASA case records. (Subd (i) amended effective January 1, 2000; previously amended effective January 1,1995.) (j) [Confidentiality] The presiding juvenile court judge and the CASA program director shall adopt a written plan governing confidentiality of case information, case records, and personnel records. The written plan shall include provisions that: (1) All information concerning children and families in the juvenile court process is confidential. Volunteers shall not give case information to anyone other than the court parties, their attorneys, and CASA staff; (2) CASA volunteers are required by law (Pen. Code, § 11166 et seq.) to report any reasonable suspicion that a child is a victim of child abuse or serious neglect as described by Penal Code section 273; (3) The child's case file shall be maintained in the CASA office by a custodian of records. No one shall have access to that file except upon approval of the CASA program director. The office shall establish a written procedure for the maintenance and destruction of case files; and (4) The volunteer's personnel file is confidential. No one shall have access to the personnel file except the volunteer, the CASA program director or his or her designee, or the presiding judge of the juvenile court. Local court rules should determine standards and procedures for access by other parties, including the process by which such documents can be subpoenaed. (Subd (j) amended effective January 1, 1995.) (k) [Reports; service] (1) Each court that has a CASA program shall adopt a local rule, effective on or before January 1, 2002, specifying when CASA reports are to be submitted to the court, who is entitled to receive a copy of the report, and who shall copy and distribute the report. (2) At least two court days before the hearing, the report shall be distributed to the persons entitled to receive it. (Subd (k) adopted effective January 1, 2001.) Rule 1424 amended effective January 1, 2001; adopted effective July 1, 1994; previously amended effective January 1, 1995, and January 1, 2000. Advisory Committee Comment 1995-These guidelines implement the requirements of Welfare and Institutions Code section 100, which establishes a grant program administered by the Judicial Council to establish or expand court-appointed special advocate (CASA) programs to assist children involved in juvenile dependency proceedings, including guardianships, adoptions, and actions to terminate parental rights to custody and control. CASA programs provide substantial benefits to children appearing in dependency proceedings and to the juvenile court having responsibility for these children. Child advocates improve the quality of judicial decision making by providing information to the court concerning the child. Advocates help identify needed services for the children they are assisting, and provide a consistent friend and support person for children throughout the long and complex dependency process. The CASA concept was first implemented in Seattle in 1977. As of 1994, there were more than 30,000 volunteers working in more than 525 CASA programs in nearly every state. The programs recruit, screen, select, train, and supervise lay volunteers to become effective advocates in the juvenile court. Currently, numerous jurisdictions in California utilize some variation of the CASA concept. These programs have developed over the past several years under the supervision of local juvenile courts pursuant to California Welfare and Institutions Code sections 356.5 and 358. Each program is unique and was designed to respond to the specific needs of the local jurisdiction and community it serves. These guidelines provide a framework for ensuring the excellence of California CASA programs and volunteers. They are intended to be consistent with the guidelines established by the National CASA Association and to conform with the requirements of California law and procedure. The California CASA Association has assisted in developing these guidelines, which are meant to give the local bench, bar, child welfare professionals, children's advocates, and other interested citizens full rein to adapt the CASA concept to the special needs and circumstances of local communities. Central to the intent of these guidelines is the effort to provide a vehicle for the presiding judge of the local juvenile court to exercise fully informed and effective oversight of the local CASA program and CASA volunteers. These guidelines are also intended to help CASA programs and juvenile courts develop local court rules. Nothing in these guidelines shall limit or restrict the local juvenile court from developing and supporting multiple branches of a CASA program within the community to enable a county to offer comprehensive volunteer advocacy programs for children. 2000-Any Court Appointed Special Advocate program affected by the amendment prohibiting CASA programs from functioning under the auspices of a probation department or department of social services must be able to demonstrate their efforts to comply with the rule prior to July 1, 2001. Drafter's Notes 1994-Following the recommendation of the Family and Juvenile Law Standing Advisory Committee, the council: (1) added rules 270 and 1437 on emancipation procedures; (2) added rule 1424 on guidelines for Court Appointed Special Advocate (CASA) programs, and repealed section 24.5 of the Standards of Judicial Administration; (3) amended rule 1463 on selection of a permanent plan to conform to statutory procedures and clarify procedures; and (4) amended rule 1465 on hearings subsequent to a permanent plan to clarify procedures on terminating guardianships established under section 366.25 or 366.26 of the Welfare and Institutions Code. 1995-On the recommendation of the Family and Juvenile Law Standing Advisory Committee, the council: . . . (3) amended rule 1424 on program guidelines for court-appointed special advocate programs to clarify that plans required by the rule must be in writing; . . . 2000-Amended rule 1424 requires a CASA program to specify in its governance plan a clear administrative relationship with the parent organization. The amended rule also prohibits any CASA program from functioning under the auspices of a probation department or department of social services after July 1, 2001. 2001-Rule 1424 requires courts to adopt local rules on the distribution of CASA reports.
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