Kentucky Statutes Pertaining to CASA
KRS 620.100
(1) If the court determines, as a result of a temporary removal
hearing, that further proceedings are required, the court shall advise the child
and his parents or other person exercising custodial control or supervision of
their right to appointment of separate counsel:
(a) The court shall appoint counsel for the child to be paid for by the Cabinet for Finance and Administration. The clerk of the court shall arrange for service on all parties, including the local representative of the Cabinet for Human Resources, of the order appointing counsel. The fee to be fixed by the court shall not exceed five hundred dollars ($500); however, if the action has final disposition in the District Court, the fee shall not exceed two hundred fifty dollars ($250);
(b) The court shall appoint separate counsel for the parent who exercises custodial control or supervision if the parent is unable to afford counsel pursuant to KRS Chapter 31. The clerk of the court shall arrange for service on all parities, including the local representative of the Cabinet for Human Resources, of the order appointing counsel. The parent's counsel shall be provided or paid for by the Cabinet for Finance and Administration. The fee to be fixed by the court shall not exceed five hundred dollars ($500); however, if the action has final disposition in the District Court, the fee shall not exceed two hundred fifty dollars($250);
(c) The court may, in the interest of justice, appoint separate counsel for a nonparent who exercises custodial control or supervision of the child, if the person is unable to afford counsel, pursuant to KRS Chapter 31. The clerk of the court shall arrange for service on all parties, including the local representative of the Cabinet for Human Resources, of the order appointing counsel. Counsel for the person shall be provided or paid for by the Finance and Administrative Cabinet. The fee to be fixed by the court shall not exceed five hundred dollars ($500); however, if the action has final disposition in the District Court, the fee shall not exceed two hundred fifty dollars ($250); and
(d) The court will, in the interest of justice, appoint a court appointed special advocate volunteer to represent the best interests of the child pursuant to KRS 620.500 to 620.550. The clerk of the court shall arrange for service on all parties, including the local representative of the cabinet, of the order appointing the court appointed special advocate volunteer.
(2) If the court determines that further proceedings are required, the court also shall advise the child and his parent or other person exercising custodial control or supervision that they have a right to not incriminate themselves, and a right to a full adjudicatory hearing at which they may confront and cross-examine all adverse witnesses, present evidence on their own behalf and to an appeal.
(3) The adjudication shall determine the truth or falsity of the allegations in the complaint. The burden of proof shall be upon the complainant, and a determination of dependency, neglect and abuse shall be made by a preponderance of the evidence. The Kentucky Rules of Civil Procedure shall apply.
(4) The disposition shall determine the action to be taken by the court on behalf of the child and his parent or other person exercising custodial control or supervision.
COURT APPOINTED SPECIAL ADVOCATE
KRS 620.500 to 620.550
Section 2. KRS 620.500
Definitions for KRS 620.500 to 620.550
As used in KRS 620.500 to 620.550:
(1) "Court appointed special advocate program" and "CASA program" mean a program by which trained community volunteers are provided to the court for appointment to represent the best interests of children who have come into the court system as a result of dependency, abuse, or neglect.
(2) "Court appointed special advocate volunteer" and "CASA volunteer" mean a person who completes training through and is supervised by a CASA program and appointed by a judge to represent the best interests of dependent, abused, and neglected children in court.
(3) "CASA case" means a child or group of siblings who are within the jurisdiction of the court as a result of abuse, neglect, or dependency proceedings and for whom the court has appointed and the program director has assigned a CASA volunteer.
Section 3. KRS 620.505
Court Appointed Special Advocate Program; Program Director; CASA Volunteers
(1) For the purpose of providing an independent, efficient, and thorough representation for children who enter the court system as a result of dependency, abuse, and neglect, there may be established a court appointed special advocate program by the Chief District Judge within each judicial district.
(2) Local CASA programs shall be governed by a local board of directors. For new CASA programs, the board shall initially be appointed by the Chief District Judge within each judicial district. Members shall be selected by the existing board members thereafter. Each board shall include at least fifteen (15) members. Each board member shall have a demonstrated interest in child welfare issues and commitment to the purpose and role of the court appointed special advocate volunteers. Cabinet employees shall not be eligible to serve as officers of the board. Members shall, as far as practicable, be representative of the racial and ethnic composition of the area served by the CASA program. The board shall:
(a) Determine major personnel, organization, fiscal, and program policies including, but not limited to, the following:
1. Measures to be taken to safeguard the CASA program's information relating to children, their families, and the CASA volunteers;
2. The procedures for the recruitment, screening, training, and supervision of CASA volunteers; and
3. The procedures for and circumstances warranting dismissal of a CASA volunteer from the CASA program;(b) Determine overall plans and priorities for the CASA program, including provisions for evaluating progress against performances;
(c) Approve the program budget;
(d) Enforce compliance with all conditions of all grants contracts;
(e) Determine rules and procedures for the governing board;
(f) Select the officers and the executive committee, if any, of the governing board;
(g) Meet at least four (4) times each year;
(h) Submit an annual report to the state Court Appointed Special Advocate Association in the uniform manner required which shall include, but need not be limited to, the following information:
1. Number of CASA volunteers in the program;
2. Number of program staff;
3. Number of children served;
4. Number of volunteers receiving initial training;
5. Number of and topics for in-service training ; and
6. Other information as deemed appropriate.
(3) Local CASA programs shall comply with the National CASA Association Standards for Programs. Local programs shall ensure that CASA volunteers are adequately supervised by providing at least one (1) supervisory staff person for every fifty (50) cases to which CASA volunteers have been appointed by the court and assigned by the program director. Each local CASA program shall be managed by a qualified executive director. The program director's duties shall include:
(a) Administration of the CASA program,
(b) Recruitment, screening, training, and supervision of CASA volunteers and other program staff;
(c) Facilitation of the performance of volunteer duties and overall case management of all cases appointed to the CASA program,
(d) Ensuring that the security measures established by the governing board for safeguarding the information relating to children, their families, and the CASA volunteers are maintained.
e) Ensuring program's continued compliance with National and State CASA standards as well as submit financial reports and program assessments measuring goals and outcomes to both associations and continue ongoing strategic planning of program,
(4) CASA volunteers shall, as far as practicable, be representative of the socioeconomic, racial, and ethnic composition of the area served.
(5) CASA volunteers may be removed by the executive director for nonparticipation or other cause or by the program director pursuant to subsection (2) of this section.
(6) All written court appointed special advocate reports submitted pursuant to Section 7 of this Act shall become part of the cabinet's record of the child. All reports are to be approved by executive director prior to submission to court and should be submitted to director in a timely manner in which to allow time for correction if needed.
(7) Employees of the cabinet shall not become volunteers or employees of the court appointed special advocate program.
(8) Each CASA volunteer, program director, and other program staff shall take an oath, administered by a member of the Court Justice, to keep confidential all information related to the appointed case except in conferring with or reports to the court, parties to the case, the cabinet, the Foster Care Review Board, others designated by the court, and as provided by law.
(9) CASA volunteers shall be appointed by the presiding judge to represent the best interest of the child, subject to judicial discretion, and only after confirmation from the program director that the CASA volunteer has been properly screened and trained.
Section 4. KRS 620.510
Support Services and Funding for Each Program
(1) Secretarial and support services for each CASA program may be provided by the District Court or the circuit clerk, or both, as ordered by the Chief District Judge. The Administrative Office of the Courts may also provide secretarial and support services.
(2) CASA Programs may receive private funds and local, state, and federal government funding to insure total or partial funding of program activities.
Section 5. KRS 620.515
Qualifications of Volunteers
(1) A CASA volunteer shall meet the following minimum requirements:
(a) Be at least twenty-one (21) years of age;
(b) Be of good moral character;
(c) Complete a written application providing the names of at least three (3) references;
(d) Submit to a personal interview with program staff;
(e) Submit to a criminal record check; and
(f) Submit to a check of the child abuse and adult protection registry maintained by the cabinet.
(2) If found acceptable, the applicant shall receive a minimum of 25 hours of initial training and take an oath of confidentiality as administered by a District Court judge.
(3) Training, both initial and in-service, of volunteers shall be provided by the program director or staff following standards adopted pursuant to KRS 620.535.
Section 6. KRS 620.520
Information Available to CASA Volunteer
(1) The District Court clerks shall:
(a) Notify and provide a copy of all dependency, abuse, and neglect petitions to the program director, as soon as the court makes a referral to the program director for assignment of a CASA volunteer to the case;
(b) Provide a copy of all court orders issued pursuant to this section; and
(c) Notify the program director of all scheduled court hearings for cases to which a CASA volunteer has been assigned.
(2) Upon appointment by the court to represent a child, the CASA volunteer shall have access to all information and records pertaining to the child including, but not limited to, the records of the following entities: the cabinet; child-caring facilities operated or licensed by the cabinet; public and private schools; physical and mental health care providers; law enforcement agencies; and other entities deemed appropriate by the court.
(3) With the provided court order, the CASA volunteer may have access to information and records pertaining to the parents or persons exercising custodial control or supervision of the child assigned to the CASA volunteer, information and records of the court; the cabinet; public and private child care facilities; private and public schools; and medical and psychological records of the child assigned to the volunteer. The volunteer shall have access to the medical and psychological records of parents when the information is essential to the welfare of the child.
Section 7. KRS 620.525
Duties of CASA Volunteers
(1) CASA volunteers who have a conflict of interest in a case shall not be appointed to the case.
(2) The CASA volunteer shall:
(a) Attend all court hearings except that the CASA volunteer may be excused by the court or the program director if emergency circumstances arise;
(b) Submit a written report and recommendation to the judge for consideration in determining the best interest of the child at the dispositional hearing, dispositional review hearings, other hearings as requested by the court, and at least one (1) report every six (6) months for as long as the case is assigned to a CASA volunteer;
(c) Monitor the case by visiting the child as often as necessary to observe whether the child's essential needs are being met, and whether court orders are actually being carried out;
(d) Participate in any treatment planning conferences and reviews involving the child to assess whether reasonable efforts are being made to provide services to the child and family and determine the appropriateness and progress of the child's permanent plan;
(e) Advocate a prompt, thorough review of the case if the child's circumstances warrant the attention of the court;
(f) Interview parties involved in the case, including interviewing and observing the child;
(g) Maintain complete written records about the case;
(h) Report any incidents of child or adult abuse or neglect to the appropriate authorities and to the program director;
(i) Remain actively involved in the case until dismissed from the case by the program director or judge with competent jurisdiction, or when an adoption proceeding is finalized;
(j) Return all case-related materials including, but not limited to, written notes, court reports, and agency documents, to the program director upon the request of the program director; and
(k) Work with the cabinet representatives to advocate the best interest of the child.
Section 8. KRS 620.530
State Court Appointed Special Advocate Association
(1) A state Court Appointed Special Advocate Association shall be established. All CASA volunteers, local board members, program directors, and staff shall be eligible for membership in the association. Other categories of membership may be created by the association.
(2) The association shall meet annually to elect a board of directors to manage the business of the association. The board shall, annually, elect a president, a vice president, a secretary, and a treasurer. The board shall meet at least four (4) times a year, and meetings may be held more frequently when called by the president of the board or by a majority of the board members.
Section 9. KRS 620.535
Duties of Association
The association shall:
(1) Adopt and approve state standards for all CASA volunteers, program directors, and other staff, including, but not limited to, guidelines for training;
(2) Adopt and approve the uniform annual data reporting procedures for local programs pursuant to subsection (2)(h) of Section 3 of this Act; and
(3) Evaluate and make recommendations by February 1 in odd-numbered years to the Supreme Court, the Governor, the Legislative Research Commission and the cabinet regarding:
(a) Laws of the Commonwealth and practices, policies, and procedures within the Commonwealth affecting the welfare of children and families; and
(b) The effectiveness, or lack thereof, and the reasons therefor, of local CASA volunteers advocating for permanent placement for the children in the Commonwealth.
Section 10. KRS 620.540
Support Services and Funding for State Association
(1) Secretarial and support services for the association board may be provided by the Administrative Office of the Courts.
(2) The association may receive private funds, and local, state and federal government funds to financially assist existing local programs, assist local efforts to start a program, or other activities deemed appropriate by the association.
Section 11. KRS 620.545
Reports from Local CASA Programs to the State Association
Each CASA program shall forward annually to the association and cabinet a report, pursuant to subsection (2) of Section 9 of this Act and subsection (2)(h) of Section 3 of this Act, and any recommendations regarding the policies and practices of the court, the cabinet, and child-care facilities and child-placement agencies affecting the children being represented by the CASA volunteers.
Section 12. KRS 620.550
Notification of Treatment Planning Conferences and Reviews
The cabinet shall notify the CASA volunteer, the CASA program, and the court when it schedules treatment planning conferences and reviews.
Section 13. A New Section of KRS 620.500 TO 620.550
State Court Appointed Special Advocate Association Director
If the state Court Appointed Special Advocate Association or the Administrative Office of the Courts employs a full time staff person to serve as the director of the state Court Appointed Special Advocate Association:
(1) The state director shall be a person who by a combination of education, professional qualification, training, and experience is qualified to perform the duties of this position. The state director shall be of good moral character with at least two (2) years of experience working in a position managing a human services program and who has received a:
(a) Master's degree in social work, sociology, psychology, guidance and counseling, education, criminal justice, or other human service field; or
(b) Baccalaureate degree in social work, sociology, psychology, guidance and counseling, education, criminal justice, or other human service field with, in addition to the work experience required in this subsection, at least two (2) more years of experience working in the human service field; and
(2) The duties of the state director shall be:
(a) To manage the state court appointed special advocate office, including staff;
(b) To coordinate the activities of the state Court Appointed Special Advocate Association;
(c) To monitor the policies and practices of local CASA programs for compliance with state laws, National CASA Association Standards for Programs, and reporting requirements established by the state association; to assist local CASA programs in efforts to achieve compliance; and to report to the state association the status of compliance by local CASA programs;
(d) Upon request of local CASA programs, to provide technical assistance to local CASA programs;
(e) To provide technical assistance and support to Chief District Court Judges and others in development of new local CASA programs;
(f) To coordinate a statewide public awareness campaign for generating interest in developing new CASA programs, recruiting volunteers, and informing the public of the issues concerning child abuse and neglect; and
(g) Other duties as directed by the state Court Appointed Special Advocate Association.