SENATE BILL No. 379

 

 

April 13, 2005, Introduced by Senators VAN WOERKOM, JOHNSON, GOSCHKA, BISHOP and HARDIMAN 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:

 

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

 

"court-appointed special advocate act".

 

     (2) As used in this act:

 

     (a) "Court" means the circuit court.

 

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

 

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

 

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

 

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

 

program" means a program established under section 2.

 

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

 

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


 

adjacent circuit court circuits may establish a single CASA program

 

for all of those circuits.

 

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

 

memorandum of understanding between the CASA program and the chief

 

judge of the circuit court. The memorandum of understanding shall

 

identify a CASA volunteer's role and responsibilities if appointed

 

in that circuit.

 

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

 

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

 

volunteers.

 

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

 

association of court-appointed special advocates and the national

 

court-appointed special advocates association, and adhere to the

 

guidelines established by those associations and approved by the

 

supreme court.

 

     (c) Appoint a program director.

 

     (d) Maintain adequate supervisory and support staff who are

 

easily accessible, hold regular case conferences with CASA

 

volunteers to review case progress, and conduct annual performance

 

reviews for all CASA volunteers.

 

     (e) Provide staff and CASA volunteers with written program

 

policies, practices, and procedures.

 

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

 

of not more than 30-to-1.

 

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

 

administration of the CASA program, including recruitment,

 

selection, training, supervision, and evaluation of program staff


 

and CASA volunteers.

 

     (2) The program director shall serve as a professional liaison

 

between the court and community agencies serving children.

 

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

 

preservice training, including instruction on recognizing child

 

abuse and neglect, cultural awareness, child development, court

 

procedures, permanency planning, the volunteer role and its

 

responsibilities, advocacy, information gathering, and

 

documentation. A CASA volunteer is required to observe court

 

proceedings before accepting an appointment.

 

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

 

includes guidelines for his or her role and responsibilities.

 

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

 

in-service training per year to each CASA volunteer.

 

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

 

consistent with subsection (2) and with the state and national CASA

 

associations' guidelines governing qualifications and selection of

 

CASA volunteers. Each CASA program's regulations shall include

 

provisions that qualified adults shall not be discriminated against

 

based on gender, socioeconomic, religious, racial, ethnic, or age

 

factors.

 

     (2) The minimum qualifications for a prospective CASA

 

volunteer are all of the following:

 

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

 

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

 

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

 

of service to a child.


 

     (d) Completion of an application that includes the information

 

required by subsection (3).

 

     (e) Participation in a screening interview.

 

     (f) Participation in the required training.

 

     (g) Other qualifications as determined by the CASA program

 

director and the chief judge of the circuit.

 

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

 

at least all of the following:

 

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

 

record, and motor vehicle record.

 

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

 

character, judgment, and suitability for the position.

 

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

 

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

 

application if the prospective CASA volunteer has resided in this

 

state for less than 12 months.

 

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

 

an action brought in the family division of circuit court when, in

 

the opinion of the judge or referee, a child who may be affected by

 

the action requires services that a CASA volunteer can provide. At

 

the discretion of the judge or referee, a CASA volunteer may be a

 

party to the action if provided for in the memorandum of

 

understanding.

 

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

 

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

 

volunteer the authority to review relevant documents and interview

 

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


 

interest, and other persons having significant information relating

 

to the child.

 

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

 

following occurs:

 

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

 

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

 

of the CASA volunteer's program director.

 

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

 

     (a) Accept compensation for performance of the

 

responsibilities of an appointment.

 

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

 

with his or her responsibilities.

 

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

 

or attorney involved in the case.

 

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

 

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

 

interest or the appearance of a conflict of interest.

 

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

 

special privileges.

 

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

 

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

 

volunteer shall do 1 or more of the following:

 

     (a) Conduct an independent investigation regarding the child's

 

best interest that provides factual information to the court

 

regarding the child and the child's family. The investigation shall

 

include interviews with and observations of the child, interviews

 

with other appropriate individuals, and the review of relevant


 

records and reports.

 

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

 

in section 13a of chapter XIIA of the probate code of 1939, 1939 PA

 

288, MCL 712A.13a, has been developed for the child, whether

 

appropriate services are being provided to the child and family,

 

and whether the case service plan is progressing in a timely

 

manner.

 

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

 

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

 

make recommendations consistent with the child's best interest

 

regarding placement, parenting time, and appropriate services for

 

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

 

distributed to each party to the action.

 

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

 

interest is being advocated at every stage of the case and prepare

 

written reports to be distributed to each party to the action.

 

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

 

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

 

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

 

fulfilled in an appropriate and timely manner.

 

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

 

the CASA volunteer appointed in that action. A CASA volunteer

 

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

 

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

 

department, authority, or institution shall cooperate and share

 

information with a CASA volunteer appointed to serve on a case and

 

with each local CASA program to facilitate the implementation of


 

its program.

 

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

 

sharing of information among CASA volunteers, attorneys, the county

 

family independence agency, and other community agencies.

 

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

 

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

 

guardian ad litem shall cooperate to represent the child's best

 

interest.

 

     (4) A CASA volunteer shall be notified of a hearing, meeting,

 

or another proceeding concerning the case to which he or she has

 

been appointed.

 

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

 

issue an order authorizing access to records and other information

 

relating to the child, parent, legal guardian, or other parties in

 

interest as the court considers necessary.

 

     Sec. 12. A CASA volunteer shall not disclose the contents of a

 

document, record, or other information relating to a case to which

 

the CASA volunteer has access in the course of an investigation.

 

All such information is confidential and shall not be disclosed to

 

a person other than the court or a party to the action.