7.12Appointment of Court-Appointed Special Advocates (CASAs)
“Each court in this state may establish a court-appointed special advocate [CASA] program. The court-appointed special advocate program must be administered under [MCL 722.2001 et seq]. MCL 722.2003. See also MCR 3.917(A) (“The court may, upon entry of an appropriate order, appoint a volunteer special advocate to assess and make recommendations to the court concerning the best interests of the child in any matter pending in the family division.”).
“A [CASA] program must do all of the following:
(a) Screen, train, and supervise [CASA] volunteers to advocate for the best interests of a child when appointed by a court as provided in [MCL 722.2007]. Each court may be served by a CASA program. One CASA program may serve more than 1 court.
(b) Hold regular case conferences with volunteers to review case progress and conduct annual performance reviews for all volunteers.
(c) Provide CASA program staff and volunteers with written program policies, practices, and procedures.
(d) Provide the training required under [MCL 722.2005].” MCL 722.2003(2).
A CASA must meet the minimum qualifications set forth in MCL 722.2006(1):
“(a) Be at least 21 years of age.
(b) Complete an application.
(c) Sign a release of information form or submit the required information necessary for the background check under [MCL 722.2006(2)].
(d) Participate in required screening interviews.
(e) Be willing to commit to the court for the duration of the CASA case until permanency has been established for the CASA child.
(f) Participate in the training required under [MCL 722.2005].”
”All CASA volunteers must be screened, trained, and supervised in accordance with National CASA/GAL Association standards” and “must participate in observing court proceedings before appointment as allowed by the court.” MCL 722.2005(1); see also MCR 3.917(B). “Each court-appointed special advocate program must provide a minimum of 12 hours of in-service training per year to its volunteers.” MCL 722.2005(2).
“The [CASA] program director must conduct a background check on each prospective CASA volunteer before the prospective CASA volunteer is assigned an initial CASA case and every 2 years after the initial background check under this subsection.” MCL 722.2006(2). “A background check conducted under [MCL 722.2006(2)] includes all of the following:
(a) A criminal history background check using the department of state police’s internet criminal history access tool (ICHAT) or an equivalent check on that individual from the state or province of residence.
(b) Criminal background check through the Federal Bureau of Investigation or other national crime database.
(c) A national and state offender registry check.
(d) A child abuse and neglect central registry check in this state and each state of residence for the previous 5 years, where permissible by law.
(e) A Social Security number trace that shows aliases, additional names, and former addresses.” MCL 722.2006(2).
A prospective CASA volunteer who refuses to sign a release of information form or submit the required information necessary to complete the background check will be ineligible to volunteer. MCL 722.2006(3).
“If a background check conducted under [MCL 722.2006(2)] shows that a CASA volunteer or prospective CASA volunteer has been convicted of or has charges pending for a misdemeanor or felony involving a sex offense, child abuse or neglect, or related crimes that pose or would pose a risk to a child or affect the credibility of the CASA program, any of the following apply:
(a) The CASA volunteer will be dismissed.
(b) The application of the prospective CASA volunteer will not be accepted, and the CASA volunteer will be considered ineligible to participate in the program.” MCL 722.2006(4).
“A court may appoint a CASA volunteer in a proceeding brought under [MCL 712A.2 and MCL 712A.19b], when, in the court’s opinion, a child who may be affected by the proceeding requires services that a CASA volunteer can provide and the court finds that appointing a CASA volunteer is in the best interests of the child.” MCL 722.2007(1).
A CASA volunteer must be appointed by court order that specifies the CASA volunteer “as a friend of the court acting on the court’s authority.” MCL 722.2007(2). Once a CASA is appointed and upon a court’s order, the special advocate may have access to “all information, confidential or otherwise, contained in the court file if the court so orders.” MCR 3.917(E). See MCL 722.2010(1).
A memorandum of understanding is required between a court and a CASA program which sets forth the CASA’s roles and responsibilities. MCL 722.2007(3). A CASA’s required duties are to:
(1) maintain regular contact with the child;1
(2) investigate the background of the case;
(3) gather information regarding the child’s status;2
(4) provide written reports3 to the court and all parties before each hearing; and
(5) appear at all hearings when required by the court. MCR 3.917(C).4
“The CASA volunteer must be notified in a timely manner of all hearings, meetings, and other proceedings concerning the case to which the CASA volunteer has been appointed.” MCL 722.2010(2). “The CASA volunteer may be called as a witness in a proceeding by a party or the court.” MCL 722.2009(5).
“A CASA volunteer must cooperate with all government agencies, service providers, professionals, school districts, school personnel, parents, families, and other involved individuals and entities.” MCL 722.2010(1).
The CASA must serve until he or she is discharged by the court. MCR 3.917(D); see also MCL 722.2006(1)(e). “The CASA volunteer’s appointment ends when 1 of the following occurs:
(a) When the court’s jurisdiction over the CASA child ends.
(b) Upon discharge by the court on its own or another party’s motion.
(c) With the approval of the court, at the request of the program director.” MCL 722.2007(4).
A CASA may not do any of the following:
“(a) Accept compensation for the duties and responsibilities of the volunteer’s appointment.
(b) Have an association that creates a conflict of interest with the volunteer’s duties.
(c) Be related to a party or attorney involved in the case.
(d) Be employed in a position that may result in a conflict of interest or give rise to the appearance of a conflict.
(e) Use the CASA volunteer position to seek or accept gifts or special privileges.” MCL 722.2008.
“A CASA volunteer is immune from civil liability as provided in the volunteer protection act of 1997, 42 USC 14501 to 14505.” MCL 722.2012.
1 See MCL 722.2010(1), which requires a CASA volunteer to “engage in regular visits with the CASA child.”
2 The CASA volunteer must monitor the case “to ensure that the CASA child’s essential needs are being met.” MCL 722.2009(3).
3 “The CASA volunteer acting as a friend of the court shall offer as evidence a written report with recommendations consistent with the best interests of the child, subject to all pertinent objections.” MCL 722.2007(2). See also MCL 722.2009(2), which states: The CASA volunteer, with the support and supervision of CASA program staff, shall make recommendations consistent with the best interests of the CASA child regarding placement, visitation, and appropriate services for the CASA child and the CASA child’s family. The CASA volunteer with CASA program staff must prepare a written report to be distributed to the court and the parties to the proceeding.”
4 See MCL 722.2009(1), which states a CASA must do both of the following: “(a) Conduct an independent investigation regarding the best interests of the CASA child that will provide factual information to the court regarding the CASA child and the CASA child’s family. The investigation may include interviews with and observations of the CASA child and the CASA child’s family, interviews with other appropriate individuals, and review of relevant records and reports,” and “(b) Make recommendations to the court for services for the CASA child and the CASA child’s family and report to the court on the participation in, benefits of, and outcomes of the services.” See also MCL 722.2009(4).