SENATE BILL No. 370

March 29, 2001, Introduced by Senator JOHNSON and referred to the Committee on

Judiciary.

A bill to establish and regulate the court-appointed special

advocate program.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 1. (1) This act shall be known and may be cited as the

2 "court-appointed special advocate act".

3 (2) As used in this act:

4 (a) "Court" means the circuit court.

5 (b) "Court-appointed special advocate" or "CASA volunteer"

6 means an individual who is a volunteer whom the court appoints to

7 assist in advocating for a child as provided in this act.

8 (c) "Court-appointed special advocate program" or "CASA

9 program" means a program established under section 2.

10 Sec. 2. (1) A court may establish a court-appointed special

11 advocate program for the circuit court circuit. Courts in 2 or

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1 more adjacent circuit court circuits may establish a single CASA

2 program for all of those circuits.

3 (2) A court shall establish a CASA program by execution of a

4 memorandum of understanding between the CASA program and the

5 chief judge of the circuit court. The memorandum of understand-

6 ing shall identify a CASA volunteer's role and responsibilities

7 if appointed in that circuit.

8 Sec. 3. A CASA program shall do all of the following:

9 (a) Screen, train as required by section 5, and supervise

10 CASA volunteers.

11 (b) Maintain a membership in good standing with the Michigan

12 association of court-appointed special advocates and the national

13 court-appointed special advocates association, and adhere to the

14 guidelines established by those associations and approved by the

15 supreme court.

16 (c) Appoint a program director.

17 (d) Maintain adequate supervisory and support staff who are

18 easily accessible, hold regular case conferences with CASA volun-

19 teers to review case progress, and conduct annual performance

20 reviews for all CASA volunteers.

21 (e) Provide staff and CASA volunteers with written program

22 policies, practices, and procedures.

23 (f) Attempt to maintain a CASA volunteer-to-supervisor ratio

24 of not more than 30-to-1.

25 Sec. 4. (1) A CASA program director is responsible for the

26 administration of the CASA program, including recruitment,

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1 selection, training, supervision, and evaluation of program staff

2 and CASA volunteers.

3 (2) The program director shall serve as a professional liai-

4 son between the court and community agencies serving children.

5 Sec. 5. (1) Each CASA volunteer shall participate fully in

6 preservice training, including instruction on recognizing child

7 abuse and neglect, cultural awareness, child development, court

8 procedures, permanency planning, the volunteer role and its

9 responsibilities, advocacy, information gathering, and

10 documentation. A CASA volunteer is required to observe court

11 proceedings before accepting an appointment.

12 (2) Each CASA volunteer shall receive a training manual that

13 includes guidelines for his or her role and responsibilities.

14 (3) Each CASA program shall provide a minimum of 10 hours of

15 in-service training per year to each CASA volunteer.

16 Sec. 6. (1) Each CASA program shall adopt regulations con-

17 sistent with subsection (2) and with the state and national CASA

18 associations' guidelines governing qualifications and selection

19 of CASA volunteers. Each CASA program's regulations shall

20 include provisions that qualified adults shall not be discrimi-

21 nated against based on gender, socioeconomic, religious, racial,

22 ethnic, or age factors.

23 (2) The minimum qualifications for a prospective CASA volun-

24 teer are all of the following:

25 (a) Twenty-one years of age or older.

26 (b) A demonstrated interest in children and their welfare.

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1 (c) Willingness to commit to the court for a minimum of 1

2 year of service to a child.

3 (d) Completion of an application that includes the informa-

4 tion required by subsection (3).

5 (e) Participation in a screening interview.

6 (f) Participation in the required training.

7 (g) Other qualifications as determined by the CASA program

8 director and the chief judge of the circuit.

9 (3) A prospective CASA volunteer's application shall include

10 at least all of the following:

11 (a) A copy of any criminal history record, central registry

12 record, and motor vehicle record.

13 (b) At least 3 references who can address his or her charac-

14 ter, judgment, and suitability for the position.

15 (c) Records from any other jurisdictions in which he or she

16 resided during the 1-year time period before the date of the

17 application if the prospective CASA volunteer has resided in this

18 state for less than 12 months.

19 Sec. 7. (1) A judge or referee may appoint a CASA volunteer

20 in an action brought in the family division of circuit court

21 when, in the opinion of the judge or referee, a child who may be

22 affected by the action requires services that a CASA volunteer

23 can provide. At the discretion of the judge or referee, a CASA

24 volunteer may be a party to the action if provided for in the

25 memorandum of understanding.

26 (2) The court shall appoint a CASA volunteer at the earliest

27 stages of an action under a court order that gives the CASA

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1 volunteer the authority to review relevant documents and

2 interview parties involved in the case, including parents, other

3 parties in interest, and other persons having significant infor-

4 mation relating to the child.

5 (3) A CASA volunteer's appointment ends when either of the

6 following occurs:

7 (a) The court's jurisdiction over the child terminates.

8 (b) Discharge by the court on its own motion or at the

9 request of the CASA volunteer's program director.

10 Sec. 8. A CASA volunteer shall not do any of the

11 following:

12 (a) Accept compensation for performance of the responsibili-

13 ties of an appointment.

14 (b) Have an association that creates a conflict of interest

15 with his or her responsibilities.

16 (c) Accept an appointment if he or she is related to a party

17 or attorney involved in the case.

18 (d) Accept or continue an appointment if he or she is or

19 becomes employed in a position that could result in a conflict of

20 interest or the appearance of a conflict of interest.

21 (e) Use the CASA volunteer position to seek or accept gifts

22 or special privileges.

23 Sec. 9. (1) A memorandum of understanding executed under

24 section 2 may require that, upon appointment in an action, a CASA

25 volunteer shall do 1 or more of the following:

26 (a) Conduct an independent investigation regarding the

27 child's best interest that provides factual information to the

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1 court regarding the child and the child's family. The

2 investigation shall include interviews with and observations of

3 the child, interviews with other appropriate individuals, and the

4 review of relevant records and reports.

5 (b) Determine if an appropriate case service plan, as

6 defined in section 13a of chapter XIIA of the probate code of

7 1939, 1939 PA 288, MCL 712A.13a, has been developed for the

8 child, whether appropriate services are being provided to the

9 child and family, and whether the case service plan is progress-

10 ing in a timely manner.

11 (2) Unless otherwise ordered by the court, a CASA volunteer,

12 with the support and supervision of the CASA program staff, shall

13 make recommendations consistent with the child's best interest

14 regarding placement, parenting time, and appropriate services for

15 the child and family and shall prepare a written report to be

16 distributed to each party to the action.

17 (3) A CASA volunteer shall assure that the child's best

18 interest is being advocated at every stage of the case and pre-

19 pare written reports to be distributed to each party to the

20 action.

21 (4) A CASA volunteer shall monitor the case to which he or

22 she has been appointed to assure that the child's essential needs

23 are being met and that the terms of the court's orders have been

24 fulfilled in an appropriate and timely manner.

25 (5) The court or a party to the action may call as a witness

26 the CASA volunteer appointed in that action. A CASA volunteer

27 appointed in an action may request to appear as a witness.

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1 Sec. 10. (1) A guardian ad litem, and a state or local

2 agency, department, authority, or institution shall cooperate and

3 share information with a CASA volunteer appointed to serve on a

4 case and with each local CASA program to facilitate the implemen-

5 tation of its program.

6 (2) A CASA program shall help facilitate the cooperation and

7 sharing of information among CASA volunteers, attorneys, the

8 county family independence agency, and other community agencies.

9 (3) In a case in which the court appoints both a CASA volun-

10 teer and a guardian ad litem, the CASA volunteer and the guardian

11 ad litem shall cooperate to represent the child's best interest.

12 (4) A CASA volunteer shall be notified of a hearing, meet-

13 ing, or another proceeding concerning the case to which he or she

14 has been appointed.

15 Sec. 11. Upon appointment of a CASA volunteer, the court

16 shall issue an order authorizing access to records and other

17 information relating to the child, parent, legal guardian, or

18 other parties in interest as the court considers necessary.

19 Sec. 12. A CASA volunteer shall not disclose the contents

20 of a document, record, or other information relating to a case to

21 which the CASA volunteer has access in the course of an

22 investigation. All such information is confidential and shall

23 not be disclosed to a person other than the court or a party to

24 the action.

25 Sec. 13. A CASA program director or CASA volunteer has the

26 same immunity from civil liability as that provided for a

27 guardian ad litem under section 7 of 1964 PA 170, MCL 691.1407.

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