Section § 100

Explanation

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.

(a)CA Welfare & Institutions Code § 100(a) The Judicial Council shall establish a planning and advisory group consisting of appropriate professional and program specialists to recommend on the development of program guidelines and funding procedures consistent with this chapter. At a minimum, the council shall adopt program guidelines consistent with the guidelines established by the National Court Appointed Special Advocate Association, and with California law, but the council may require additional or more stringent standards. State funding shall be contingent on a program adopting and adhering to the program guidelines adopted by the council.
(b)CA Welfare & Institutions Code § 100(b) The program guidelines adopted by the council shall be adopted and incorporated into local rules of court by each participating superior court as a prerequisite to funding pursuant to this chapter.
(c)CA Welfare & Institutions Code § 100(c) The council shall adopt program guidelines and criteria for funding that encourage multicounty CASA programs where appropriate, and shall not provide for funding more than one program per county.
(d)CA Welfare & Institutions Code § 100(d) The council shall establish, in a timely fashion, a request-for-proposal process to establish, maintain, or expand local CASA programs and may require local matching funds or in-kind funds not to exceed the proposal request. The maximum state grant per county program per year shall not exceed seventy thousand dollars ($70,000) in counties in which the population is less than 700,000 and shall not exceed one hundred thousand dollars ($100,000) in counties in which the population is 700,000 or more, according to the annual population report provided by the Department of Finance.

Section § 101

Explanation

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.

As used in this chapter, the following definitions shall apply:
(a)CA Welfare & Institutions Code § 101(a) “Adult” means a person 18 years of age or older.
(b)CA Welfare & Institutions Code § 101(b) “Child or minor” means a person under the jurisdiction of the juvenile court pursuant to Section 300, 601, or 602.
(c)CA Welfare & Institutions Code § 101(c) “CASA” means a Court-Appointed Special Advocate. “CASA” also refers to a Court Designated Child Advocate in programs that have utilized that title. A CASA has the duties and responsibilities described in this chapter and shall be trained by and function under the auspices of a Court-Appointed Special Advocate program as set forth in this chapter.
(d)CA Welfare & Institutions Code § 101(d) “Court” means the superior court, including the juvenile court.
(e)CA Welfare & Institutions Code § 101(e) “Dependent” means a person described in Section 300.
(f)CA Welfare & Institutions Code § 101(f) “Nonminor dependent” means a person as described in subdivision (v) of Section 11400.
(g)CA Welfare & Institutions Code § 101(g) “Ward” means a person described in Section 601 or 602.

Section § 102

Explanation

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.

(a)CA Welfare & Institutions Code § 102(a) Each CASA program shall, if feasible, be staffed by a minimum of one paid administrator. The staff shall be directly accountable to the presiding juvenile court judge and the CASA program board of directors, as applicable.
(b)CA Welfare & Institutions Code § 102(b) The program shall provide for volunteers to serve as CASAs. A CASA may be appointed to any dependent, nonminor dependent, or ward who is subject to the jurisdiction of the juvenile court.
(c)CA Welfare & Institutions Code § 102(c) Each CASA shall serve at the pleasure of the court having jurisdiction over the proceedings in which a CASA has been appointed and that appointment may continue after the child attains his or her age of majority, with the consent of the nonminor dependent. A CASA shall do all of the following:
(1)CA Welfare & Institutions Code § 102(c)(1) Provide independent, factual information to the court regarding the cases to which he or she is appointed.
(2)CA Welfare & Institutions Code § 102(c)(2) Represent the best interests of the child involved, and consider the best interests of the family, in the cases to which he or she is appointed.
(3)CA Welfare & Institutions Code § 102(c)(3) At the request of the judge, monitor cases to which he or she has been appointed to ensure that the court’s orders have been fulfilled.
(d)CA Welfare & Institutions Code § 102(d) The Judicial Council, through its rules and regulations, shall require an initial and ongoing training program consistent with this chapter for all persons acting as a CASA, including, but not limited to, each of the following:
(1)CA Welfare & Institutions Code § 102(d)(1) Dynamics of child abuse and neglect.
(2)CA Welfare & Institutions Code § 102(d)(2) Court structure, including juvenile court laws.
(3)CA Welfare & Institutions Code § 102(d)(3) Social service systems.
(4)CA Welfare & Institutions Code § 102(d)(4) Child development.
(5)CA Welfare & Institutions Code § 102(d)(5) Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth.
(6)CA Welfare & Institutions Code § 102(d)(6) Interviewing techniques.
(7)CA Welfare & Institutions Code § 102(d)(7) Report writing.
(8)CA Welfare & Institutions Code § 102(d)(8) Roles and responsibilities of a CASA.
(9)CA Welfare & Institutions Code § 102(d)(9) Rules of evidence and discovery procedures.
(10)CA Welfare & Institutions Code § 102(d)(10) Problems associated with verifying reports.
(e)CA Welfare & Institutions Code § 102(e) The Judicial Council, through its CASA Advisory Committee, shall adopt guidelines for the screening of CASA volunteers, which shall include personal interviews, reference checks, checks for records of sex offenses and other criminal records, information from the Department of Motor Vehicles, and other information that the Judicial Council deems appropriate.

Section § 103

Explanation

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.

(a)CA Welfare & Institutions Code § 103(a) Persons acting as a CASA shall be individuals who have demonstrated an interest in children and their welfare. Each CASA shall participate in a training course conducted under the rules and regulations adopted by the Judicial Council and in ongoing training and supervision throughout his or her involvement in the program. Each CASA shall be evaluated before and after initial training to determine his or her fitness for these responsibilities. Ongoing training shall be provided at least monthly.
(b)CA Welfare & Institutions Code § 103(b) Each CASA shall commit a minimum of one year of service to a child until a permanent placement is achieved for the child or until relieved by the court, whichever is first. At the end of each year of service, the CASA, with the approval of the court, may recommit for an additional year.
(c)CA Welfare & Institutions Code § 103(c) A CASA shall have no associations that create a conflict of interest with his or her duties as a CASA.
(d)CA Welfare & Institutions Code § 103(d) An adult otherwise qualified to act as a CASA shall not be discriminated against based upon marital status, socioeconomic factors, or because of any characteristic listed or defined in Section 11135 of the Government Code.
(e)CA Welfare & Institutions Code § 103(e) Each CASA is an officer of the court, with the relevant rights and responsibilities that pertain to that role and shall act consistently with the local rules of court pertaining to CASAs.
(f)CA Welfare & Institutions Code § 103(f) Each CASA shall be sworn in by a superior court judge or commissioner before beginning his or her duties.
(g)CA Welfare & Institutions Code § 103(g) A judge may appoint a CASA when, in the opinion of the judge, a child requires services which can be provided by the CASA, consistent with the local rules of court.
(h)CA Welfare & Institutions Code § 103(h) To accomplish the appointment of a CASA, the judge making the appointment shall sign an order, which may grant the CASA the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, to the same extent as any other officer of the court appointed to investigate proceedings on behalf of the court.
(i)CA Welfare & Institutions Code § 103(i) Each CASA shall be considered court personnel for purposes of subdivision (a) of Section 827.

Section § 104

Explanation

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.

(a)CA Welfare & Institutions Code § 104(a) The court shall determine the extent of the CASA’s duties in each case. These duties may include an independent investigation of the circumstances surrounding a case to which he or she has been appointed, interviewing and observing the child and other appropriate individuals, and the reviewing of appropriate records and reports.
(b)CA Welfare & Institutions Code § 104(b) The CASA shall report the results of the investigation to the court.
(c)CA Welfare & Institutions Code § 104(c) The CASA shall follow the direction and orders of the court and shall provide information specifically requested by the court.

Section § 105

Explanation

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.

All otherwise confidential records and information acquired or reviewed by a CASA during the course of his or her duties shall remain confidential and shall be disclosed only pursuant to a court order.

Section § 106

Explanation

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.

The CASA shall be notified of hearings and other proceedings concerning the case to which he or she has been appointed.

Section § 107

Explanation

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.

(a)CA Welfare & Institutions Code § 107(a) Except as provided in subdivision (b), upon presentation of the order of his or her appointment by the CASA, and upon specific court order and consistent with the rules of evidence, any agency, hospital, school, organization, division or department of the state, physician and surgeon, nurse, other health care provider, psychologist, psychiatrist, police department, or mental health clinic shall permit the CASA to inspect and copy any records relating to the child involved in the case of appointment without the consent of the child or parents.
(b)CA Welfare & Institutions Code § 107(b) Subdivision (a) does not apply to the records of or pertaining to a nonminor dependent. The CASA may have access to those records only with the explicit written and informed consent of the nonminor dependent.

Section § 108

Explanation

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.

The Judicial Council shall report to the Legislature on the implementation of the program, and shall include recommendations on the continued funding and expansion of the program, as appropriate.

Section § 109

Explanation

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.

(a)CA Welfare & Institutions Code § 109(a) Except as provided in subdivisions (b) and (c), nothing in this chapter permits a person acting as a CASA to participate or appear in criminal proceedings or in proceedings to declare a person a ward of the juvenile court pursuant to Section 601 or 602.
(b)CA Welfare & Institutions Code § 109(b) A person acting as a CASA may participate in determinations made pursuant to Section 241.1, and in all delinquency proceedings after adjudication of delinquency.
(c)CA Welfare & Institutions Code § 109(c) This section does not apply to a person acting as a CASA when that person is acting solely as a support person to the child or who is in court on behalf of a child who is the victim of a crime.

Section § 110

Explanation

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.

Nothing in this chapter shall be construed as limiting the right of an Indian tribe or Indian organization to establish or operate CASA programs independent of state funding or the discretion of the court to appoint CASAs from those programs in Indian child custody proceedings.