Signed by Governor Gretchen Whitmer

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that establishes a court-appointed special advocate program for children in Michigan.

Highlights:

• Authorizes states to establish a court-appointed special advocate program (Sec. 3). 

• Specifies a court-appointed special advocate program to do all of the following (Sec. 3): 

• Require training, screening, and supervision of court-appointed special advocate volunteers to advocate for the best interest of a child. Authorizes courts to be served by a CASA program, and authorizes a CASA program to serve multiple courts; 

• Requires that regular cases hold conferences with volunteers to discuss the progress of cases and hold annual performance reviews of them; 

• Requires the writing of policies, practices, and procedures of the program to be given to CASA program staff; and

• Require training that is specified in Section 5. 

• Specifies the program director’s responsibilities as dealing with program operations, recruitment, selection, training, supervision, and evaluation of CASA program staff and volunteers (Sec. 4)

• Requires volunteers to be in accordance with National CASA/GAL Association standards and requires CASA volunteers to observe court proceedings before appointment (Sec. 5). 

• Requires court-appointed special advocate program to provide at least 12 hours of in-service training per year for each volunteer (Sec. 5). 

• Requires CASA volunteer to meet the following requirements (Sec. 6):

• Minimum of 21 years old; 

• Complete application and required background check as specified in Section 2; 

• Submit to screening interview; 

• Commit to the case until permanency has been established for the child; and

• Complete training specified in section 5. 

• Authorizes the use of CASA volunteers should the court deem it in the best interest of the child in proceeding brought under section 2 or 19b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2 and 712A.19b (Section 7).

• Requires CASA volunteers to be court-appointed which states they are a friend of the court and acting of court’s authority. Requires volunteers to bring a written report as evidence that provides a recommendation for the child’s best interest (Sec. 7). 

• Requires a memorandum of understanding between a court and a CASA program that states the roles and responsibilities of CASA volunteers (Sec. 7). 

• Specifies conclusions of CASA volunteer’s appointment when the following occurs (Sec. 7): 

• The court’s jurisdiction of the child ends;

• The case is discharged by the court; or

• Court’s approval per the program director’s request. 

• Prohibits National CASA/GAL standards and the Michigan CASA Association standards for a CASA volunteer to do any of the following (Sec. 8): 

• Receive or accept compensation for volunteering;

• Have any family relation to court attorney or party; 

• Where employment results or may arise to conflict of interest: or 

• Use volunteers to receive gifts or special favors. 

• Species that in the appointment of a proceeding, CASA volunteer must do the following (Sec. 9): 

• Facilitate independent investigation regarding the best interest of the child that will include facts about the child and their family; and 

• Determine appropriate services for the child and family and if services are being done in a timely manner. 

• Specifies CASA volunteers are required to provide recommendations regarding placement, visitation, and appropriate services for the child and the child's family (Sec. 9).

• Requires CASA volunteers to provide written reports to the court and parties of the proceeding (Sec. 9). 

• Requires volunteers to monitor the case to ensure the needs of the child are being met (Sec. 10).

• Requires volunteers to make their best effort to attend all

• hearings, meetings, and other proceedings concerning the child (Sec. 9).

• Specifies that volunteers may be called as witnesses in the case (Sec. 9).

• Requires government agencies, service providers,

• professionals, school districts, school personnel, and parents to cooperate with the requests of CASA volunteers. Requires CASA volunteers to cooperate with all government agencies, service providers, professionals, school districts, school personnel, parents, families, and other involved entities. Requires volunteers to have regular visits with children (Sec. 10). 

• Requires CASA volunteers to tell of all hearings, meetings, and other proceedings concerning the case in a timely manner (Sec. 10). 

• Specifies that all documents, records, and information that the volunteer has access to is confidential and prohibits disclosure of information (Sec. 11).

• Specifies volunteers are immune from any civil liability (Sec. 12).

Full Bill Text

Vote Smart's Synopsis:

Vote to concur with Senate amendments and further amend a bill that establishes a court-appointed special advocate program for children in Michigan.

Highlights:

• Authorizes states to establish a court-appointed special advocate program (Sec. 3). 

• Specifies a court-appointed special advocate program to do all of the following (Sec. 3): 

• Require training, screening, and supervision of court-appointed special advocate volunteers to advocate for the best interest of a child. Authorizes courts to be served by a CASA program, and authorizes a CASA program to serve multiple courts; 

• Requires that regular cases hold conferences with volunteers to discuss the progress of cases and hold annual performance reviews of them; 

• Requires the writing of policies, practices, and procedures of the program to be given to CASA program staff; and

• Require training that is specified in Section 5. 

• Specifies the program director’s responsibilities as dealing with program operations, recruitment, selection, training, supervision, and evaluation of CASA program staff and volunteers (Sec. 4)

• Requires volunteers to be in accordance with National CASA/GAL Association standards and requires CASA volunteers to observe court proceedings before appointment (Sec. 5). 

• Requires court-appointed special advocate program to provide at least 12 hours of in-service training per year for each volunteer (Sec. 5). 

• Requires CASA volunteer to meet the following requirements (Sec. 6):

• Minimum of 21 years old; 

• Complete application and required background check as specified in Section 2; 

• Submit to screening interview; 

• Commit to the case until permanency has been established for the child; and

• Complete training specified in section 5. 

• Authorizes the use of CASA volunteers should the court deem it in the best interest of the child in proceeding brought under section 2 or 19b of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2 and 712A.19b (Section 7).

• Requires CASA volunteers to be court-appointed which states they are a friend of the court and acting of court’s authority. Requires volunteers to bring a written report as evidence that provides a recommendation for the child’s best interest (Sec. 7). 

• Requires a memorandum of understanding between a court and a CASA program that states the roles and responsibilities of CASA volunteers (Sec. 7). 

• Specifies conclusions of CASA volunteer’s appointment when the following occurs (Sec. 7): 

• The court’s jurisdiction of the child ends;

• The case is discharged by the court; or

• Court’s approval per the program director’s request. 

• Prohibits National CASA/GAL standards and the Michigan CASA Association standards for a CASA volunteer to do any of the following (Sec. 8): 

• Receive or accept compensation for volunteering;

• Have any family relation to court attorney or party; 

• Where employment results or may arise to conflict of interest: or 

• Use volunteers to receive gifts or special favors. 

• Species that in the appointment of a proceeding, CASA volunteer must do the following (Sec. 9): 

• Facilitate independent investigation regarding the best interest of the child that will include facts about the child and their family; and 

• Determine appropriate services for the child and family and if services are being done in a timely manner. 

• Specifies CASA volunteers are required to provide recommendations regarding placement, visitation, and appropriate services for the child and the child's family (Sec. 9).

• Requires CASA volunteers to provide written reports to the court and parties of the proceeding (Sec. 9). 

• Requires volunteers to monitor the case to ensure the needs of the child are being met (Sec. 10).

• Requires volunteers to make their best effort to attend all

• hearings, meetings, and other proceedings concerning the child (Sec. 9).

• Specifies that volunteers may be called as witnesses in the case (Sec. 9).

• Requires government agencies, service providers,

• professionals, school districts, school personnel, and parents to cooperate with the requests of CASA volunteers. Requires CASA volunteers to cooperate with all government agencies, service providers, professionals, school districts, school personnel, parents, families, and other involved entities. Requires volunteers to have regular visits with children (Sec. 10). 

• Requires CASA volunteers to tell of all hearings, meetings, and other proceedings concerning the case in a timely manner (Sec. 10). 

• Specifies that all documents, records, and information that the volunteer has access to is confidential and prohibits disclosure of information (Sec. 11).

• Specifies volunteers are immune from any civil liability (Sec. 12).

Full Bill Text