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.