The logistics of legal representation in Child Protective Services (CPS) cases in family court can be confusing. From nuanced differences in the laws and regulations governing courts across state lines to intrastate variations in interpretation across judges, it’s a minefield- even for families already familiar with the child welfare system. One area of this confusion is representation appointed to child(ren) who have been taken into the custody of Child Protective Services (CPS) and placed in kinship care, foster care or institutionalized.
In CPS cases where removal has occurred and the child is placed by CPS, the child(ren) get their own legal representation appointed by the court to represent their ‘best interests.’ That is typically the Guardian Ad Litem. However, there is another type of child representative appointed in CPS cases with court involvement and that is the Court Appointed Special Advocate (CASA). CASAs may be appointed in 37 states. Training requirements vary, in some states, a CASA may also serve as the Guardian Ad Litem, while in others, a CASA, Guardian Ad Litem or both must be appointed. CASAs are not required to be attorneys- they just have to complete training required in the state in which they serve. While training is similar across states, the specifics may differ.
The role of the CASA may overlap with the Guardian Ad Litem, but generally speaking, CASAs are responsible for the following duties:
- Investigating the details of the case independent of CPS and the family.
- Monitoring progress and compliance with court orders.
- Determining whether appropriate and adequate services are being offered and provided.
- Providing intermittent written reports to the court independent of CPS and the family over the duration of court involvement.
- Attend all case hearings.
Unlike the Guardian Ad Litem, CASAs do not represent the best interests of the child. They also do not meet with the child(ren) on a regular basis, but may meet with them as needed. Like the CASA, the Guardian Ad Litem may also investigate the details of the case and submit written reports to the court. In the event there is no Guardian Ad Litem or the CASA is also the Guardian Ad Litem, the CASA will assume the duties of both the CASA and the Guardian Ad Litem.
In your case, it’s important to know all appointed parties in your case, what their role(s) are and how to proceed. As a general rule, you should never speak to an officer of the court without your attorney. If you are representing yourself pro se, you are representing yourself and therefore, you should proceed with caution when speaking with other officers of the court. When representing yourself pro se, you have to own every action you take in court. There’s no one else to blame, so make sure you think hard before you act!
If you believe appropriate services are not being offered to you toward reunification or visitation is not occurring, you should be discussing with your attorney about reporting this to the CASA. If there is any non-compliance with court orders, you should also be discussing with your attorney reporting this to the CASA, as well. Matters surrounding the child’s best interests should be discussed between your attorney and the Guardian Ad Litem. Because the CASA is an officer of the court, anything you say can end up in a written report or testimony, which is why it’s important to manage all court interactions at the advisement or the assistance of your attorney. While there are extraordinary circumstances where that may not be recommended, this is a good general rule to follow.
While the CASA has the word advocate in the name, they are officers of the court and should be treated as such. They should not be relied upon to make your case or your child’s case. There are good CASAs and corrupt CASAs, but you won’t know which yours is. In court, CPS is making their best argument, the Guardian Ad Litem is proclaimed to make the child’s best argument (along with the CASA) and you and your counsel need to make your best argument. If you know all parties involved and their functions, you can better plan and execute your strategy in court to obtain the best outcome available to you.
The following States allow for the appointment of a CASA:
- Alabama
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Georgia
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Mexico
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- Tennessee
- Texas
- Utah
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
- Washington, D.C.
The CASA may also act as the Guardian Ad Litem in the following States:
- Arizona
- California
- Georgia
- Illinois
- Indiana***
- Iowa
- Maine
- Missouri
- Montana
- Nevada
- New Hampshire
- Ohio
- Oregon
- South Carolina
- Texas
- Washington State
***The court may appoint a CASA to act as GAL or appoint both a CASA and GAL