RULE 25.1 ESTABLISHMENT OF CASA LOCAL COURT RULE

A. Scope. These Rules shall be applicable in all cases in the 25th Judicial Circuit. These cases include children involved in Chapter 210, 211, 452, or 455 proceedings.

B. Application. These Rules shall supplement the Missouri Statutes and Supreme Court Rules which shall apply in addition to these Rules. These Rules may be modified or waived by the judge by special order when, in the opinion of the judge, such waiver or modification is necessary in order to do justice or to arrive at the equities of the case between or among the parties involved. Every person appearing in this Court is charged with the knowledge of these Rules.

[Adopted, eff. Jan. 16, 1995.]

RULE 25.2 DEFINITIONS

A. "CASA" means Mid-Ozark CASA Program, Inc. which is the non-profit corporation which provides specially trained and sworn adults to the Court as CASA volunteers. It is the designated CASA organization for all 25th Judicial Circuit CASA cases. CASA also stands for "Court Appointed Special Advocate" which refers to the organization's volunteers.

B. "CASA volunteer" means a responsible adult who has been specially trained as a Court Appointed Special Advocate and who has taken a special oath administered by a judge. The person is charged with making recommendations in the form of reports and testimony to the judge regarding the best interests of the child. The volunteer serves only upon the order of and at the discretion of the judge.

C. "CASA report" means any report prepared by the CASA volunteer addressed to the judge giving a thorough background investigation of the child, including, but not limited to, information about the parents, relatives, and others who have knowledge about or concerning the child. The report contains advisory recommendations as to the best interest of the child.

D. "CASA order" means the order signed by the judge in a proceeding which appoints the CASA volunteer to a case. The order remains effective until the CASA volunteer is ordered released from the child's case.

E. "CASA director" means the Executive Director of Mid-Ozark CASA Program, Inc. as hired by its Board of Directors. This is the person charged with the supervision of all CASA volunteers, CASA reports, and CASA cases.

[Adopted, eff. Jan. 16, 1995.]

RULE 25.3 ESTABLISHMENT OF CASA CASES AND ORDERS

A. Type of Cases. The following classes of cases have been determined by the Court En Banc and CASA director to be appropriate for the appointment of CASA.

1. The child has become extremely traumatized and has little or no support network of friends and extended family;
2. There is a companion criminal case;
3. The child and family have multiple or complex service needs and coordination of services is required;
4. Pre-adjudication services are ordered by the Court, particularly where the child is in out-of-home placement;
5. Severe physical/sexual abuse cases where the child is not released to a parent or relative, and the child is 15 years of age or under;
6. Special needs cases (e.g., educational, developmental, medical, mental health needs) that involve conflicting opinions as to assessment and/or- treatment for the child;
7. Cases that involve a number of issues and a number of interested parties. Focus on the CASA activity may be to identify and develop resources to meet a child's needs;
8. Children 10 years and under who have experienced multiple placements and whose parents have consistently failed to show progress toward or interest in fulfilling treatment plans or goals for family reunification;
9. Children, age 0-8 years of age, who are taken from a parent and placed in a foster home, where CASA might expedite the case toward family reunification or adoption, if reunification is not appropriate; and
10. Short-term CASA intervention/involvement is required in case resolution or clarification of issues by gathering or researching information, e.g., contacting out-of-state relatives, or investigating medical concerns to assist the Court in reaching a decision.

B. Criteria for Selection of Cases and Assignment of CASA. In developing the criteria for selection of cases and assignment of a volunteer, the CASA program considers the complexity of the case; the availability of alternative support persons in the child's life; the age and sex of the child or children; the cultural, ethnic, linguistic, religious, and other background characteristics (including any disabilities) of the child and family; the potential assistance a volunteer could provide; the availability of a particular volunteer, to meet the specific needs of the child; and such other factors deemed relevant to the assignment of the most effective CASA volunteer for the case.

A qualified volunteer is assigned to a case as early as possible after a court referral is made and all necessary paperwork has been received from the Department of Social Services and the Court. Notice to all parties regarding the assignment is the responsibility of the CASA program.

The CASA program, at assignment, makes a determination that no conflict of interest exists with respect to the CASA volunteer and any other party or interest associated with the case. The CASA program may request clarification of the Court at any time regarding CASA duties on a specific case.

A volunteer advocate who is elected to serve on the CASA Board of Directors will not concurrently carry an active case as a volunteer advocate.

C. Requests for CASA. A request for appointment of a CASA volunteer to a case or for a child may be made by any person or agency having knowledge of facts which indicates that a CASA volunteer is appropriate. A request for a CASA volunteer may be made by motion filed by any person or agency in a case involving a child(ren) under jurisdiction of the Court. The court clerk shall accept the filing of the motion and note upon it the date of filing.

D. Preliminary Inquiry. Except in situations where the Court orders a CASA volunteer appointed upon its own initiative, the clerk shall forward a copy of any motion filed to the CASA Director within ten (10) days of its filing. The CASA director will recommend to the Court the signing of a CASA order and provide the name of an available CASA volunteer or place the case on the waiting list for the next available CASA volunteer. If the case does not appear appropriate, the CASA director will recommend that CASA not be appointed to the case. This preliminary investigation shall include review of the court records, review of DFS records, and review of all pending pleadings. The preliminary inquiry shall be completed within thirty (30) days of receiving the motion from the court clerk.

E. Hearing. Within thirty (30) days after a party files a motion for a CASA volunteer, the CASA director will file with the Court a response to the motion based upon the preliminary inquiry conducted. Thereafter, the Court may, if necessary, hold a hearing, at which time any person or agency may present proof for or against appointment of a CASA volunteer. Following the hearing an order will be entered granting or denying the motion. Notwithstanding the above, the Court may enter an order appointing a CASA volunteer at any time for a child or in a proceeding either upon its own initiative, during or following the preliminary inquiry and with or without conducting any hearing, by signing a CASA order.

F. CASA Order. If the judge elects to sign a CASA order the order shall be effective when signed and shall continue in full force and effect until a subsequent order is signed which orders the CASA volunteer released from the case. The CASA volunteer shall continue to serve on a pending case so long as the child continues under the jurisdiction of the Court. The clerk of the court shall furnish the CASA Director with a copy of each CASA order within five (5) days of entry of the order. The CASA order will also be served upon all parties or their counsel of record. Each CASA order shall name the child(ren), giving the date of birth and shall name each natural or legal parent who is living. Following the entry of all CASA orders, the CASA director shall be furnished a copy of every pleading or petition filed in the case by the court clerk.

G. Scope of the CASA Order. Upon entry of a CASA order appointing a CASA volunteer to a case, all persons and agencies are under an obligation to cooperate with the CASA volunteer and to assist in determining the best interest of the child. The CASA volunteer shall have access to the child (including any child in detention), the parents, any caretaker, or any other agency or party having information related to the child. The CASA volunteer shall consult and work with the attorney guardian ad litem as is necessary in each case. The CASA volunteer shall maintain any information received during investigation in a confidential manner. The CASA volunteer shall not disclose any such information except in reports to the Court and to parties to the proceeding, unless disclosure of any information has been limited by the Court pursuant to Rule 5(c). In the event that the CASA volunteer desires to file any pleading or petition or wishes to examine any witness, the CASA volunteer shall be a licensed attorney or be represented by counsel in the proceeding. Nothing contained in these Rules shall be construed as permitting any non-attorney CASA volunteer to practice law before the Court.

[Adopted, eff. Jan. 16, 1995.]

RULE 25.4 GUARDIAN AD LITEM APPOINTMENTS

A. Appointment. In all cases involving CASA volunteers, the Court may simultaneously appoint an attorney guardian ad litem to serve with the CASA volunteer, to represent the child in all legal proceedings is a guardian ad litem has not previously been appointed.

B. Legal Services. The CASA volunteer shall not represent the child in any legal proceeding, unless the CASA volunteer is a licensed attorney. Otherwise, the child's legal interest shall be represented by the guardian ad litem. The CASA volunteer may fully participate in the proceedings if represented by counsel. If called as a witness by the Court or any party, the CASA volunteer shall testify as a witness in any proceeding.

C. Compensation. The CASA volunteer shall not receive any compensation from the Court of from any party to the proceedings. The CASA volunteer serves the court and as such shall receive no compensation or remuneration. A CASA volunteer who wishes to be released from a case shall so petition the Court.

[Adopted, eff. Jan. 16, 1995.1

RULE 25.5 CASA COURT ATTENDANCE AND REPORTS

A. Hearing Attendance. The CASA volunteer will attend any hearings which involve the child assigned. In the event of a conflict the CASA volunteer may request a continuance for good cause shown or may be excused by the Court from appealing. Any party may call the CASA volunteer as a witness in the proceeding. CASA may be compelled to attend by any party with the service of a subpoena for the CASA volunteer, made by service upon the volunteer or by serving the CASA Director, giving at least five (5) days notice prior to the heating, excluding Saturdays, Sundays, and legal holidays.

B. Filing Reports. The CASA representative shall, absent special circumstances, or unless excused by the judge, submit a written CASA report at each hearing involving the child. The report shall be addressed to the judge and shall contain such attachments and documents as are relevant to the proceedings. The report, when filed, shall become a permanent part of the court file. The volunteer shall sign the report but not under oath. The Court is in no way bound by or obligated to adopt any CASA recommendations, the report being advisory in nature.

C. Inspection of Reports - Confidentiality. Generally, the child, his attorney, his parents, guardian or legal custodian, the attorney ad litem, and any state or other agency involved in the proceedings, shall be entitled to inspect the CASA report, and all documents attached thereto except that information protected from disclosure by law. However, the Court, in its discretion, may decline to permit inspection of CASA reports, or portions thereof to anyone other than an attorney if it determines that such inspection would be detrimental to the child. If a party is unrepresented and is denied inspection, an attorney shall be appointed for the party and shall be permitted to inspect reports as herein provided. The Court shall issue such orders as are necessary to maintain the confidential nature of information so classified. However, in order to permit response, the Court shall disclose, at least to attorneys for the parties, any confidential information relevant to disposition.

[Adopted, eff. Jan. 16, 1995]

RULE 25.6 SPECIAL COMPLIANCE REVIEWS

The CASA volunteer is responsible for monitoring compliance with all Court orders issued in any case or proceeding. To that end, in the event that the CASA volunteer believes that any Court orders are not being complied with by any party, the volunteer shall request the clerk of the court to place the case on the Court's docket for special review. The judge will then examine the CASA volunteer at a hearing to determine compliance or non-compliance with its orders. The Court may issue such remedial order(s) as may be necessary or may issue a show cause order to any party to determine why compliance with its orders has failed. Social Reviews may also be conducted by the Court to determine compliance with the CASA order by any person or agency as described in Rules 25.3(F) and 25.3(G).

[Adopted, eff. Jan. 16, 1995.]

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