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9.1 PURPOSE
A Court Appointed Special Advocate is “a person appointed as a CASA, pursuant to the provisions of the Children’s Court Rules and Forms, who assists the court in determining the best interests of the child by investigating the case and submitting a report to the court.” §32A-1-4(D). CASAs may be appointed “to assist in any children’s court proceeding.” Rule 10-121. This rule governs the appointment, qualifications, powers, duties, reports and procedures for CASAs.
CASAs are trained community volunteers appointed by a judge to represent the best interest of the child in court. The CASA volunteer has an official role in the judicial proceeding, working alongside professionals within the scope of Rule 10-121. The mission of the CASA program is to provide effective volunteer advocacy for the best interests of abused and neglected and dependent children involved in the court system, with the goal of ensuring that every child has a safe, supportive and permanent home.
9.2 DUTIES AND RESPONSIBILITIES
Under Rule 10-121(C), the CASA may assist the court in the following ways:
- Aid in determining the best interests of the child by investigating the facts of the situation when directed by the court and submitting reports to the parties.
- Monitor compliance with the treatment plan and submit reports to the court and the parties after adjudication.
The rule provides that a CASA “shall be assigned duties consistent with the best interest of the child,” including:
- Reviewing records, except for records to which the court has limited outside access. CASAs generally may review records in the case that are confidential and closed to the public, such as social records, diagnostic evaluations, psychiatric or psychological reports, medical records, and videotapes, transcripts and audio recordings of a child’s statement of abuse. §32A-4-33. The CASA must maintain the confidentiality of the information.
- Interviewing appropriate parties.
- Monitoring case progress.
- Preparing reports based on the CASA’s investigation, including recommendations to the court.
The CASA must receive notice prior to certain events in the case, including a change in the child’s placement, judicial review hearings, and permanency hearings. §32A-4-14; §32A-4-25; §32A-4-25.1. CASA volunteers are expressly prohibited from engaging in ex parte (one-sided, without all the parties being present) communications with the judge in any of the CASA’s assigned cases. Rule 10-121(E).
As a practical matter, CASAs must undertake the following tasks to fulfill their responsibilities in a case:
- Investigate the facts of the situation by acting as an independent gatherer of information.
- Review all relevant
records.
- Interview all appropriate parties, including the child, respondents, foster parents, relatives, teachers, medical personnel, therapists, and anyone who might have information concerning the circumstances of the case.
- Seek cooperative solutions to the child’s situation.
- Monitor the implementation of the treatment plan to determine if services are being provided in a timely manner and are accomplishing their stated objectives.
- Monitor the progress in the case.
- Provide written reports of findings and recommendations to the court at each hearing after adjudication, except for a termination of parental rights hearing.
- Attend all hearings, mandatory meetings, CRB reviews and any other meetings where the child’s welfare is addressed.
- Maintain communication with the child’s GAL.
- Remain actively involved with the case until formally dismissed by the presiding judge and/or permanency for the child is achieved.
9.3 QUALIFICATIONS AND TRAINING
CASA volunteers are recruited from their local communities. According to Rule 10-121(B) and the National CASA Association, a CASA must:
- Be the age of majority.
- Pass screening requirements, including a written application, personal interview, reference check and a criminal background check.
- Successfully complete initial and regular in-service training in accordance with the guidelines of the New Mexico CASA Network.
- Participate in regular in-service training.
- Remain under the supervision of the local CASA director.
The core CASA training includes information on:
- Roles and responsibilities of a CASA volunteer.
- Children’s Court process.
- Dynamics of abuse and neglect, attachment and separation.
- State and federal laws regarding child abuse, reasonable efforts and permanency planning.
- Confidentiality.
- Child development.
- State and community agencies and resources.
- Communication, information gathering, and report writing.
- Court observation.
- Cultural awareness. CASAs are required to receive periodic training on cultural recognition issues, including the impact of ethnicity on a child’s needs, cross-cultural dynamics and sensitivity, culturally appropriate treatment plans, and alternative health practices.
§32A-18-1.
After screening and completion of training, each CASA volunteer signs confidentiality and commitment statements. The volunteers are sworn in as officers of the court by the local district judge. To remain active, a CASA volunteer must complete 15 hours of in-service training each year.
9.4 AVAILABILITY OF CASA PROGRAMS
Since its inception in New Mexico in 1985, CASA has grown to 17 programs and 21 offices in 12 of the 13 judicial districts around the state. Currently, nearly 800 individuals are voluntarily working on almost 1500 cases, serving over 3000 children. |
