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FREQUENTLY ASKED QUESTIONS
Q: What is
a Court Appointed Special Advocate/Guardian ad Litem (CASA/GAL)?
A: A
CASA/GAL is a trained community volunteer who is appointed by the judge
to serve as guardian ad litem under Ohio Revised Code §2151.281.
Pursuant to the statue, the guardian ad litem must advocate for the best
interests of the child.
Q: What does the term “guardian ad litem” denote?
A:
Guardian ad litem (GAL) is a legal term that translates to “for the
lawsuit.” In layperson’s terms, a guardian ad litem is a guardian for
the duration of the court process. A guardian ad litem is not the same
as a legal guardian. A guardian ad litem advocates for a child’s best
interests, and does not provide direct social services to the child.
Q: What qualifications are necessary to become a
CASA/GAL?
A:
CASA/GAL volunteers are unpaid community members who have made a
commitment to advocate for abused, neglected and dependent children.
Though special educational background is not required, those interested
in becoming CASA/GAL volunteers must:
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Be
21 years of age;
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Agree
to a criminal background check;
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Complete at least 30 hours of pre-service training; and
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Accumulate 12 hours of continuing education each year.
Volunteers are closely screened by local programs for competence,
commitment and objectivity.
Q: What
types of children do CASA/GAL volunteers work with?
A:
CASA/GAL volunteers are primarily appointed to cases involving child
abuse, neglect or dependency. Dependency cases arise when a child is
without adequate parental care, through no fault of the child’s parents,
guardian or custodian. For example, an orphan would be considered
dependent.
The
statutory definition of dependency varies greatly from its practical
application. Oftentimes children are labeled dependent because of
circumstances surrounding abuse or neglect which makes the child’s home
no longer safe for the child.
Q: Is there a “typical” CASA/GAL volunteer?
A:
CASA/GAL volunteers come from all walks of life, with a variety of
professional, educational and ethnic backgrounds. Volunteers are both
male and female. We have volunteers who work both full and part time
jobs, and other volunteers who are retired. Because the children served
by CASA/GAL volunteers are diverse in background and need, we strive to
recruit volunteers diverse in skill.
Q: What does a CASA/GAL actually do?
A:
CASA/GAL volunteers research the child’s circumstances, determine
relevant facts in a child’s case and report this information to the
court. Their work helps to support the court’s decision concerning the
child’s future. A CASA/GAL volunteer focuses his or her recommendations
and actions to ensure the best interests of the child are being met. A
CASA will also monitor a case—making sure that services ordered are
actually provided, and that the court is informed of any new
developments. Every case is unique, but a CASA/GAL often must recommend
to the court whether or not a child should stay or be reunified with his
or her biological parents, be placed in foster care, or be available for
adoption with another family. Though the final decision always rests
with the judge or magistrate, a CASA/GAL volunteer does his or her best
to inform the court as an independent and objective voice for the child.
Q: How does a CASA/GAL gather information to establish recommendations
to the court?
A: To
prepare recommendations, a CASA/GAL volunteer talks with the child,
parents, family members, case workers, school officials, health
providers and others who have knowledge of the child’s history. A
CASA/GAL volunteer observes interactions between the child and parent,
visits the parent’s home and reviews documents and case-related material
(i.e.: school records, medical records, children services records, etc.)
pertaining to the child. Collectively, the information gathered is
analyzed in order to form a recommendation.
Q: On average, how many cases does a CASA/GAL carry at any given time?
A:
Although the number may vary, the average is between one and three
cases. Keeping a low caseload is important because it allows the
CASA/GAL volunteer to have a thorough knowledge of the case and time
necessary to provide quality advocacy. In overburdened child welfare and
court systems, this one-on-one attention helps keep vulnerable children
from slipping through the cracks.
Q: How much time does it require to be a CASA/GAL volunteer?
A: Each
case is different. When a case is initially assigned, a CASA may spend
five to ten hours per week researching the case history and conducting
interviews. Volunteers spend anywhere from five to 15 hours a month
thereafter. Some cases may continue for two years or longer, and
volunteers are asked to commit until a case has been closed. Because
caseworker and service provider turnover is very high, often the
CASA/GAL volunteer is the only consistent presence in the child’s life.
Q: How does a CASA/GAL volunteer differ from a children services
caseworker?
A:
Children services workers are mandated by law to receive reports of
abuse and neglect. Once such a report is received they assess the family
situation, prepare the case plan and monitor the family’s progress. When
necessary, caseworkers will arrange for temporary placement with a
relative or a foster home, and arrange visitation for parent and child.
Caseworkers link families to community services and resources, and
maintain contact with the family and service providers.
CASA/GAL
volunteers advocate for the child’s best interests in court. Our
volunteers make home visits, conduct ongoing investigations and submit a
written report of findings and recommendations to the court. They also
interact with the child’s caseworker and attorney, and attend all court
hearings, attorney conferences, case meetings and reviews regarding the
child. The CASA/GAL volunteer does not replace the caseworker, but
serves instead as an independent appointee of the court.
Q: How
does a CASA/GAL volunteer differ from an attorney?
A: A
CASA/GAL volunteer does not provide legal representation—that is the
role of the attorney. An attorney must advocate the wishes of their
client; the guardian ad litem represents the child’s best interests.
Q: Do CASA/GAL volunteers receive training?
A: Yes,
CASA/GAL volunteers receive thorough training! The pre-service training
takes a minimum of 30 hours. Through this training volunteers learn
about courtroom procedure from those in the profession—judges, lawyers,
social workers and court personnel. Volunteers also learn effective
advocacy techniques for children and are educated about specific topics
ranging from child sexual abuse to how to give a report in court. The
culmination of the pre-service training is the swearing-in ceremony by
the local juvenile court judge(s). Volunteers also have opportunities
during the course of the year to attend in-service trainings, which
focus on relevant and timely topics for the CASA/GAL volunteer. In
addition, CASA/GAL volunteers are required to complete 12 hours of
in-service training annually.
Q: Are there laws that address the work of the CASA/GAL volunteer?
A: Yes.
In Ohio, volunteer guardians ad litem are given statutory authority
under Ohio Revised Code (ORC) §2151.281. The guardian ad litem statute
requires the court to appoint a guardian ad litem to specific types of
cases. ORC §2305.38 provides civil immunity (protection) to
uncompensated volunteers of non-profit charitable organizations.
Pertinent case law also exists that addresses the work of the CASA/GAL
volunteer.
Q: What is the role of the Ohio CASA/GAL Association?
A: The
Ohio CASA/GAL Association was incorporated in 1993 to serve as a
network-wide support organization for Ohio’s local CASA/GAL programs.
The Association monitors the statewide implementation of National CASA
Association standards of practice, holds quarterly director’s meetings
and bi-annual training meetings. The Association communicates regularly
with local programs via a quarterly newsletter, monthly updates via
e-mail, facsimile and Website. Ohio CASA also collects statewide data,
provides technical assistance and training, manages the “Celebrate
Kids!” specialty license plate, tracks CASA-related legislation and
holds an annual “Celebrate Kids!” Conference.
Q: What is the role of the National Court Appointed Special Advocate
Association (NCASAA)?
A: The
National CASA Association is a non-profit organization that represents
and serves the local and state CASA/GAL programs. NCASAA provides
training, technical assistance, research, news and public awareness
services to members. NCASAA is headquartered in Seattle, Washington, and
is funded by a combination of private grants, federal funds, memberships
and contributions.
Q: Are CASA/GAL volunteer programs effective?
A:
According to a number of studies, children who are assigned a CASA/GAL
volunteer:
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Spend
less time in the court system and less time in foster care than
those who do not have CASA/GAL representation;
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Are
more likely to be placed in permanent homes; and
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Receive more services than children without CASA/GAL advocacy.
Q: Are there other agencies or organizations that provide the same
services as the CASA/GAL program?
A: While
other child advocacy organizations do exist, CASA is the only program
where volunteers are appointed by the court to advocate for a child’s
best interests.
Q: How was CASA started?
A: The
CASA movement began in 1977 when Judge David Soukup of Seattle,
Washington, first recruited community volunteers to speak as guardians
ad litem on behalf of abused and neglected children in court. Judge
Soukup felt frustrated that he was expected to make life-and-death
decisions regarding children with no feedback from the child and only
limited information from others involved in the case. He wanted to
develop a way to bring more complete information to juvenile judges so
that they could better protect children. CASA volunteers proved to be an
effective way to help the courts avoid inappropriate and unduly long
foster care placements. As a result, other states began to adopt the
idea.
Today
there are more than 62,000 CASA volunteers serving over 900 CASA
programs in all 50 states, the District of Columbia and the U.S. Virgin
Islands.
The first
Ohio CASA program was founded in October 1980 in Lucas County (Toledo)
by Judge Andy Devine, with help from the Junior League. Judge Devine
had attended a presentation about the CASA program in Tennessee which
inspired him to take the idea back to his community. Judge Devine then
traveled to Rhode Island to visit a CASA program and gather further
information on program operations. In the program’s first two and a half
years, Judge Devine served as the Volunteer Coordinator. The Lucas
County CASA/GAL program was third in the nation. CASA programs in Akron
and Cincinnati soon followed.
Today
there are 32 programs serving 35 counties in Ohio. In 2004, Ohio
CASA/GAL programs had approximately 1,800 volunteers serving over 8,000
children.
This fact
sheet was produced by the Ohio CASA/GAL Association as an informational
tool for prospective volunteers, new programs, social service and child
welfare organizations, other interested parties and the media. For more
information about the Ohio CASA/GAL Association or to find out if your
county has a program, please call our toll-free number, 1.800.891.6446,
or visit our Website,
www.ohiocasa.org.
REVISED
APRIL 2005
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