Delinquents and Wards of the Juvenile CourtCourt-appointed Special Advocates
Section § 100
This law establishes that the Judicial Council must create a specialized group to help develop guidelines and funding procedures for Court Appointed Special Advocate (CASA) programs. These guidelines must at least match those of the National CASA Association and California law, but can be stricter if necessary. State funding is only available to programs following these guidelines.
Each local superior court must incorporate these guidelines into their rules to qualify for funding. The council encourages multicounty CASA programs and limits funding to one program per county. Additionally, the council will create a process for funding proposals, possibly requiring local matching funds. State grants are capped at $70,000 for counties with fewer than 700,000 people and $100,000 for larger counties, based on population reports.
Section § 101
This section defines several key terms used in this chapter. An "adult" is anyone 18 years or older, while a "child or minor" is under juvenile court jurisdiction. "CASA" refers to a Court-Appointed Special Advocate who is trained to assist in juvenile court proceedings. "Court" includes the superior and juvenile courts. A "dependent" refers to individuals specified in Section 300, and a "nonminor dependent" aligns with terms in Section 11400. Lastly, a "ward" is defined as someone covered by Sections 601 or 602.
Section § 102
This law outlines the structure and operation of Court Appointed Special Advocate (CASA) programs in California. Each CASA program should ideally have at least one paid administrator who reports to the juvenile court judge and program board. Volunteers can serve as CASAs for children under juvenile court jurisdiction, even after they become adults, with their consent. CASAs provide the court with independent information, represent the child's best interests, and monitor case compliance with court orders. The Judicial Council mandates training for CASAs, covering topics like child abuse, court procedures, cultural sensitivity, and interviewing techniques. Additionally, guidelines for screening CASA volunteers include interviews, background checks, and reference checks.
Section § 103
This law outlines the role and responsibilities of a CASA (Court Appointed Special Advocate) in California. A CASA is a volunteer dedicated to supporting the welfare of children in the judicial system. They must show genuine interest in children's welfare, undergo initial and ongoing training, and be evaluated for their suitability.
A CASA must commit to at least one year of service with a child until a stable placement is achieved. They must avoid conflicts of interest and cannot be discriminated against based on personal characteristics like marital status or socioeconomic factors.
As officers of the court, CASAs have specific rights and must be sworn in before starting their duties. Judges can appoint a CASA based on a child’s needs, and an appointed CASA may access relevant documents and conduct necessary interviews. CASAs are regarded as court personnel for certain legal purposes.
Section § 104
This law section explains the role of a CASA, or Court Appointed Special Advocate, in court cases involving children. CASAs are tasked with investigating the child's situation by talking to the child and relevant individuals and reviewing records and reports. They then report their findings back to the court. CASAs must also follow any specific instructions or requests from the court.
Section § 105
This law states that any confidential records and information that a Court Appointed Special Advocate (CASA) obtains while doing their job must stay confidential. These records can only be shared if a court specifically orders it.
Section § 106
This law requires that a Court Appointed Special Advocate (CASA) be informed about any court hearings or legal proceedings related to the case they've been assigned to. This ensures the CASA is up-to-date and can advocate effectively for the child involved.
Section § 107
This law states that a CASA (Court Appointed Special Advocate) can access and make copies of certain records about a child involved in their case, such as medical or school records, without needing the permission of the child or parents, as long as there is a specific court order. However, when it comes to records about a nonminor dependent (someone who is over 18 but still in the system), the CASA must have the person's explicit written consent before accessing their records.
Section § 108
This section requires the Judicial Council to provide a report to the California Legislature about how a certain program is being implemented. The report should also include any suggestions about whether the program should receive more funding or be expanded.
Section § 109
This law section outlines when a Court-Appointed Special Advocate (CASA) can be involved in legal proceedings involving children. Normally, a CASA cannot participate in criminal cases or in situations where a juvenile may be declared a ward of the court. However, there are exceptions: CASAs can be involved in certain decisions about dual jurisdiction cases and can take part after a child has been found delinquent. Additionally, CASAs can act as support for a child crime victim or represent them in court.
Section § 110
This law makes it clear that Indian tribes or organizations have the right to set up and run their own CASA (Court Appointed Special Advocates) programs without needing state funding. It also ensures that the courts can choose CASAs from these programs for Indian child custody cases.