PRIOR PRINTER'S NOS. 3660, 3987 PRINTER'S NO. 4081
No. 2664 Session of 1998
INTRODUCED BY TRUE, GRUPPO, BLAUM, EGOLF, MILLER, SANTONI,
STURLA, BENNINGHOFF, STERN, CAWLEY, PHILLIPS, BELARDI,
MASLAND, RAMOS, MUNDY, KREBS, MANDERINO, ARGALL,
E. Z. TAYLOR, PESCI, SCHULER, SHANER, STABACK, NAILOR,
READSHAW, PETRARCA, BEBKO-JONES, FICHTER, TANGRETTI,
LAUGHLIN, VAN HORNE, YEWCIC, ZIMMERMAN, HARHAI, ARMSTRONG,
HENNESSEY, L. I. COHEN, ORIE, BROWNE, SEMMEL, LEH,
YOUNGBLOOD, TRELLO, STEELMAN, WASHINGTON, SAYLOR AND
WOJNAROSKI, JUNE 3, 1998
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 10, 1998
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the <--
2 Pennsylvania Consolidated Statutes, providing for court
3 appointed special advocates in juvenile matters.
4 AMENDING TITLE 42 (JUDICIARY AND JUDICIAL PROCEDURE) OF THE <--
5 PENNSYLVANIA CONSOLIDATED STATUTES, PROVIDING FOR COURT-
6 APPOINTED SPECIAL ADVOCATES IN JUVENILE MATTERS.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 6302 of Title 42 of the Pennsylvania <--
10 Consolidated Statutes is amended by adding definitions to read:
11 § 6302. Definitions.
12 The following words and phrases when used in this chapter
13 shall have, unless the context clearly indicates otherwise, the
14 meanings given to them in this section:
15 "CASA program." Any local court-administered or court-
16 approved program that utilizes trained citizen volunteers
1 appointed by the court pursuant to standards adopted by the
2 Juvenile Court Judges' Commission to advocate on behalf of
3 dependent children and alleged dependent children involved in
4 juvenile court proceedings.
5 * * *
6 "Court appointed special advocate" or "CASA." A trained
7 citizen volunteer appointed by the court to advocate on behalf
8 of dependent children and alleged dependent children involved in
9 juvenile court proceedings.
10 * * *
11 "Juvenile Court Judges' Commission." The commission as
12 described in the act of December 21, 1959 (P.L.1962, No.717),
13 entitled "An act providing for the creation and operation of the
14 Juvenile Court Judges' Commission in the Department of Justice;
15 prescribing its powers and duties; and making an appropriation."
16 * * *
17 Section 2. Title 42 is amended by adding a section to read:
18 § 6342. Court appointed special advocates.
19 (a) General rule.--The court, at any stage of a juvenile
20 court proceeding involving a dependent child or a child alleged
21 to be a dependent child, has the authority to appoint a
22 volunteer court appointed special advocate (CASA) who shall
23 serve until discharged by the court and whose primary duties
24 shall be to obtain an understanding of the child's situation and
25 needs, and to make recommendations to the court to assist the
26 court in determining a disposition that is best suited to the
27 protection and physical, mental and moral welfare of the child.
28 (b) Immunity.--No person who, without compensation and as a
29 volunteer, renders services as a court appointed special
30 advocate shall be liable to any person for civil damages as a
19980H2664B4081 - 2 -
1 result of acts or omissions in rendering the services unless the
2 conduct of the actor falls substantially below the standards
3 generally practiced and accepted in like circumstances by
4 similar persons rendering such services and unless it is shown
5 that the actor did an act or omitted the doing of an act which
6 the actor was under a recognized duty to another to do, knowing
7 or having reason to know that the act or omission created a
8 substantial risk of actual harm to the person or property of
9 another. It shall be insufficient to impose liability to
10 establish only that the conduct of the actor fell below ordinary
11 standards of care. Nothing in this subsection shall be construed
12 to limit or otherwise affect or preclude liability resulting
13 from gross negligence or intentional misconduct, reckless
14 misconduct or willful or wanton misconduct.
15 (c) Qualifications.--Any volunteers appointed by the court
16 to serve as a CASA shall meet all of the following:
17 (1) Be at least 21 years of age.
18 (2) Have successfully passed screening requirements,
19 including criminal and child abuse history background checks.
20 (3) Have successfully completed the training
21 requirements of the local CASA program pursuant to standards
22 developed by the Juvenile Court Judges' Commission.
23 (4) Remain under the supervision of the local CASA
24 program.
25 (5) Serve at the discretion of the court, in
26 consultation with the local CASA program director.
27 (d) Powers.--A CASA appointed by the court shall:
28 (1) have full access to and shall be provided with
29 copies of any records, including those under 23 Pa.C.S. Ch.
30 63 (relating to child protective services) relating to the
19980H2664B4081 - 3 -
1 child involved in the case to which the CASA has been
2 assigned, in accordance with, and not in violation of the
3 confidentiality provisions of 23 Pa.C.S. Ch. 63 and this
4 chapter;
5 (2) have full and unrestricted access to any child to
6 whose case the CASA has been assigned, except that, if the
7 child is represented by counsel, counsel shall be notified in
8 advance of the meeting and the child shall have the right to
9 have the counsel present at the meeting;
10 (3) be given reasonable prior notice of and have the
11 opportunity to attend all hearings, staff meetings,
12 investigations or other proceedings or meetings relating to
13 the case of a child to which they have been assigned;
14 (4) be given reasonable prior notice of intent to move a
15 child from one placement to another placement, or to return a
16 child home, or to remove a child from his or her home, if the
17 child's case has been assigned to the CASA and there has been
18 no court approval for any such action;
19 (5) assist the court in determining what disposition
20 under section 6351 (relating to disposition dependent child)
21 or modification thereto is best suited to the protection and
22 physical, mental and moral welfare of the child, by
23 investigating all relevant aspects of the child's situation
24 and submitting reports and recommendations to the court; and
25 (6) be given reasonable prior notice of any actions
26 materially affecting the status of treatment of a child to
27 whose case the CASA has been assigned.
28 (e) Duties.--Any volunteer appointed to serve as a CASA
29 shall be assigned duties, consistent with standards adopted by
30 the Juvenile Court Judges' Commission, which shall include, but
19980H2664B4081 - 4 -
1 are not limited to:
2 (1) reviewing records pertaining to the child involved
3 in the case to which the CASA has been assigned, with the
4 exception of records to which access is limited by the court;
5 (2) interviewing appropriate persons;
6 (3) monitoring the progress of the case;
7 (4) preparing reports and making recommendations to the
8 court; and
9 (5) fulfilling assigned duties while maintaining the
10 confidentiality of information obtained pertaining to the
11 child's case.
12 (f) Recommendations.--Recommendations to the court shall be
13 provided in open court in the presence of each party and
14 counsel. If the report is written, copies of the report shall be
15 provided to each party and counsel when the report is presented
16 to the court.
17 (g) Ex parte.--Ex parte communications by the CASA are
18 prohibited.
19 (h) Standards.--The Juvenile Court Judges's Commission shall
20 develop standards, in consultation with Pennsylvania CASA
21 program directors and upon consideration of standards and
22 guidelines developed by the National CASA Association, governing
23 the qualifications, training, appointment and duties of court
24 appointed special advocates.
25 (i) Practice of law.--Nothing in this section shall authorize
26 a court appointed special advocate who is not an attorney at law
27 to engage in the practice of law or to violate section 2524
28 (relating to penalty for unauthorized practice of law).
29 (j) Definition.--As used in this section, the term "person"
30 shall include any director, coordinator, administrator or court
19980H2664B4081 - 5 -
1 appointed special advocate of any CASA program as defined in
2 section 6302 (relating to definitions).
3 Section 3. This act shall take effect in 60 days.
4 SECTION 1. SECTION 6302 OF TITLE 42 OF THE PENNSYLVANIA <--
5 CONSOLIDATED STATUTES IS AMENDED BY ADDING A DEFINITION TO READ:
6 § 6302. DEFINITIONS.
7 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
8 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
9 MEANINGS GIVEN TO THEM IN THIS SECTION:
10 * * *
11 "COURT-APPOINTED SPECIAL ADVOCATE" OR "CASA." AN INDIVIDUAL
12 APPOINTED BY THE COURT TO PARTICIPATE AS AN ADVOCATE FOR A CHILD
13 WHO IS DEPENDENT OR ALLEGED TO BE DEPENDENT.
14 * * *
15 SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
16 § 6342. COURT-APPOINTED SPECIAL ADVOCATES.
17 (A) GENERAL RULE.--THE COURT MAY APPOINT OR DISCHARGE A CASA
18 AT ANY TIME DURING A PROCEEDING OR INVESTIGATION REGARDING
19 DEPENDENCY UNDER THIS CHAPTER.
20 (B) IMMUNITY.--A COURT-APPOINTED SPECIAL ADVOCATE SHALL BE
21 IMMUNE FROM CIVIL LIABILITY FOR ACTIONS TAKEN IN GOOD FAITH TO
22 CARRY OUT THE DUTIES OF THE CASA UNDER THIS CHAPTER, EXCEPT FOR
23 GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR RECKLESS, WILLFUL
24 OR WANTON MISCONDUCT.
25 (C) QUALIFICATIONS.--PRIOR TO APPOINTMENT A CASA SHALL:
26 (1) BE 21 YEARS OF AGE OR OLDER.
27 (2) SUCCESSFULLY PASS SCREENING REQUIREMENTS, INCLUDING
28 CRIMINAL HISTORY AND CHILD ABUSE BACKGROUND CHECKS.
29 (3) SUCCESSFULLY COMPLETE THE TRAINING REQUIREMENTS
30 ESTABLISHED UNDER SUBSECTION (F) AND BY THE COURT OF COMMON
19980H2664B4081 - 6 -
1 PLEAS OF THE COUNTY WHERE THE CASA WILL SERVE.
2 (D) POWERS AND DUTIES.--FOLLOWING APPOINTMENT BY THE COURT,
3 THE CASA SHALL:
4 (1) HAVE FULL ACCESS TO AND REVIEW ALL RECORDS,
5 INCLUDING RECORDS UNDER 23 PA.C.S. CH. 63 (RELATING TO CHILD
6 PROTECTIVE SERVICES) RELATING TO THE CHILD AND OTHER
7 INFORMATION, UNLESS OTHERWISE RESTRICTED BY THE COURT;
8 (2) INTERVIEW THE CHILD AND OTHER APPROPRIATE PERSONS AS
9 NECESSARY TO DEVELOP ITS RECOMMENDATIONS;
10 (3) RECEIVE REASONABLE PRIOR NOTICE OF ALL HEARINGS,
11 STAFF MEETINGS, INVESTIGATIONS OR OTHER PROCEEDINGS RELATING
12 TO THE CHILD;
13 (4) RECEIVE REASONABLE PRIOR NOTICE OF THE MOVEMENT OF
14 THE CHILD FROM ONE PLACEMENT TO ANOTHER PLACEMENT, THE RETURN
15 OF A CHILD TO THE HOME, THE REMOVAL OF A CHILD FROM THE HOME
16 OR ANY ACTION THAT MATERIALLY AFFECTS THE TREATMENT OF THE
17 CHILD;
18 (5) SUBMIT WRITTEN REPORTS TO THE COURT TO ASSIST THE
19 COURT IN DETERMINING THE DISPOSITION BEST SUITED TO THE
20 HEALTH, SAFETY AND WELFARE OF THE CHILD; AND
21 (6) SUBMIT COPIES OF ALL WRITTEN REPORTS AND
22 RECOMMENDATIONS TO ALL PARTIES AND ANY ATTORNEY OF A PARTY.
23 (E) CONFIDENTIALITY.--ALL RECORDS AND INFORMATION RECEIVED
24 UNDER THIS SECTION SHALL BE CONFIDENTIAL AND ONLY USED BY THE
25 CASA IN THE PERFORMANCE OF HIS DUTIES.
26 (F) STANDARDS.--THE JUVENILE COURT JUDGES' COMMISSION,
27 ESTABLISHED UNDER ACT OF DECEMBER 21, 1959 (P.L.1962, NO.717),
28 ENTITLED "AN ACT PROVIDING FOR THE CREATION AND OPERATION OF THE
29 JUVENILE COURT JUDGES' COMMISSION IN THE DEPARTMENT OF JUSTICE;
30 PRESCRIBING ITS POWERS AND DUTIES; AND MAKING AN APPROPRIATION,"
19980H2664B4081 - 7 -
1 SHALL DEVELOP STANDARDS GOVERNING THE QUALIFICATIONS AND
2 TRAINING OF COURT-APPOINTED SPECIAL ADVOCATES.
3 SECTION 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
E6L42DGS/19980H2664B4081 - 8 -