Written in 2011 and updated in 2014 by Ryan Murrey
Chapter Sections
Introduction
Both federal and state law require that all abused and neglected children have someone to represent their best interests in court.1 In Washington, Court-Appointed Special Advocates (CASAs) or Guardians ad Litem (GALs) fill that role.
§1 Why the CASA Program Exists
In 1976, King County Superior Court Judge David Soukup faced the same fundamental issue you will face in your role as a judicial officer hearing dependency cases: how to have the most information available to make the best possible decisions for the abused and/or neglected children before you in court. “I was consumed by the fact that I didn’t have enough information about each child, and I just didn’t know if I had done the very best job I could,” he later stated.2
Soukup’s solution was to invite members of the community to serve as volunteer GALs (later called CASAs) to advocate for the best interests of the children who were the subjects of dependency proceedings. The idea took hold, and today there are over 900 CASA programs nationwide, including programs in 35 of Washington’s 39 counties. In 2013, over 2,200 CASA volunteers advocated for 6,500 dependent children in Washington State alone.
The longevity and success of the CASA program can in large part be attributed to the uniqueness of what CASA volunteers (or Volunteer GALs (VGALs), as they are still referred to in some jurisdictions) bring to the dependency process:
- Time spent on the case. Volunteers spend an average of 10–20 hours per month on their most active cases.
- A history of the case. The typical volunteer remains active with the program for 30 months. While social workers come and go, volunteers generally remain on a case from shelter care until permanency is achieved.
- A first hand understanding of the child’s life. Volunteers are typically only assigned one or two cases/sibling groups at a time. This allows for a more intimate understanding of the complex relationships and challenges facing each child.
§2 Definitions
CASA volunteers – CASA volunteers are guardians ad litem.
Staff GALs – Staff GALs are generally employees of a court or a nonprofit who carry a GAL caseload. Depending on the local program’s structure, some might also supervise volunteers.
Contract GALs – In jurisdictions with CASA programs, these are usually attorneys who are compensated for their service as a GAL. Contract GALs are usually assigned to handle “overflow” cases when there are not enough CASA volunteers available at that time.
§3 Types of CASA and GAL Programs in Washington
Washington counties and tribes operate their programs in a variety of ways. There are three Tribal CASA programs in Washington, all of which began (or restarted, as in Spokane Tribe’s case) in July of 2007: Kalispell Tribe, Spokane Tribe, and Yakama Nation.
Six programs function as either standalone nonprofits or programs that operate under the umbrella of a nonprofit agency: Clark, Cowlitz, Chelan/Douglas, Kittitas, Asotin/Garfield, and Grays Harbor. Nonprofits generally have a contract with the court to provide CASA representation to dependent children in their area.
The remaining 24 programs are court-based. Five counties do not have CASA programs: Skagit, Pacific, Wahkiakum, Adams, and Lincoln.
Additionally, there are a variety of representation models among Washington’s 33 dependency court CASA programs.
Pure CASA. These programs only use volunteers to represent children. The programs falling under this model are Chelan/Douglas, Island, Jefferson, Kittitas, Lewis, and San Juan.
Staff GAL/CASA mix. These programs generally try to appoint a CASA when available, but they assign the overflow to paid staff GALs. Programs under this model include Benton/Franklin, Clallam, Clark, Cowlitz, Ferry, Grant, Kitsap, Klickitat, Mason, Okanogan, Pend Oreille, Pierce, Skamania, Spokane, Stevens, Walla Walla, Whitman, and Yakima.
Attorney GAL/CASA mix. These programs generally have age cutoffs for the children they serve, and for most of these programs, CASAs or staff GALs are assigned to kids under a certain age (12 years old, unless otherwise noted). Children over certain ages receive GAL services from attorneys or contract GALs, or they are represented by attorneys. Programs falling under this model include Benton/Franklin (age 8), Clark, Grays Harbor, King, Pend Oreille, Snohomish, Spokane, and Yakima.
CASA programs with attorneys. There are currently five programs with either full-time or contract attorneys who provide legal counsel to the program and volunteers. These programs include King (4.0 Full Time Equivalencies (FTE)), Snohomish (2.0 FTE), Pierce (0.5 FTE), and Spokane (0.25 FTE).
Please refer to the chart entitled “Overview of Child Representation 2013” that follows this chapter for a more comprehensive look at how children are represented in Washington.
§4 Training Requirements
Learning objectives for training GALs have been developed by the Administrative Office of the Courts (AOC) as required by the Washington State legislature.3 The National CASA Core Curriculum has been approved by the AOC as an alternate curriculum to that developed by AOC.
§4a Core Training
The CASA volunteer core training develops volunteers who are knowledgeable, culturally sensitive, and able to exercise the good judgment necessary for the highest quality representation of the best interests of the children they serve. It provides a consistent foundation in the law and legal process, ethics, investigation and interviewing skills, child physical and sexual abuse, neglect, child development, family dynamics, and cultural awareness. Volunteers in training also learn about issues specific to families, including mental health, drug and alcohol abuse, and domestic violence. In addition, familiarity with social service agencies and local community resources is an integral part of the training. Personal safety is also included in the initial training.
Generally the training is conducted in a face-to-face, group format. The initial core training requires a minimum of 28 hours with an additional five hours or more of supervised practicum once the training has been completed. In many counties, the training is completed over a three-to-four week period with several eight hour days and shorter training sessions in the evenings.
§4b Ongoing Training
In addition to the initial core training, CASA volunteers are encouraged to complete a minimum of 10 hours of ongoing training per year. Program managers are responsible for creating an in-service training program in their area. These ongoing trainings cover a broad spectrum of topics such as education advocacy, fetal alcohol syndrome, psychotropic medications, permanency planning, effects of domestic violence on children, effective communication with DSHS and other community members, specific child mental health disorders, methamphetamine abuse, and teens “aging out” of care.
§5 Background File
As directed in RCW 13.34.100(3), the CASA program maintains a background information record for each CASA/GAL in the program. As a condition of appointment, the CASAs/GALs background information record must be made available to the court upon request. The background file must include, but is not limited to, the following information:
- Level of formal education;
- Training related to the CASA’s/GAL’s duties;
- Number of years experience as a CASA/GAL;
- Number of appointments as a CASA/GAL and the county or counties of appointment;
- The names of any counties in which the person was removed from a CASA/GAL registry pursuant to a grievance action, and the name of the court and the cause number of any case in which the court has removed the person for cause; and
- Criminal history, as defined in RCW 9.94A.030.
§6 Appointment
When a CASA/GAL is requested on a case, the program shall give the court the name of the person it recommends, and the appointment shall be effective immediately.4 The court shall appoint the person recommended by the program. If a party in a case reasonably believes the CASA/GAL is inappropriate or unqualified, the party may request a review of the appointment by the program. The program must complete the review within five judicial days and remove any appointee for good cause. If the party seeking the review is not satisfied with the outcome of the review, the party may file a motion for removal with the court on the grounds that the advocate volunteer is inappropriate or unqualified.5
Appointment of the CASA/GAL remains in effect until the court discharges the appointment or it no longer has jurisdiction, whichever comes first. The CASA/GAL may also be discharged upon entry of an order of guardianship.6
§6a When Good Cause Exists for Not Appointing a CASA/GAL
Washington is the only state in the country with a statutory good cause exception. The “good cause” exception means that despite the state’s mandate to appoint a CASA/GAL for each child in the dependency system, if good cause is shown that appointment would be unnecessary, no CASA/ GAL need be appointed.7 Notably, this is in direct conflict with the federal Child Abuse Prevention and Treatment Act (CAPTA) law requiring that
in every case involving an abused or neglected child which results in a judicial proceeding, a guardian ad litem, who has received training appropriate to the role, and who may be an attorney or a court appointed special advocate who has received training appropriate to that role (or both), shall be appointed to represent the child in such proceedings.8
§7 Authority and Rights
Pursuant to statute and court rules, the CASA/GAL is a party to the dependency action and has the right to participate fully in the legal proceedings and to set motions and bring matters to the court’s attention. CASA/GALs have a right to access to all information available to the state or agency on the case and to receive copies of all pleadings and other documents submitted to the court. The CASA/GAL may also gather information and records regarding the child from any agency, hospital, school organization, division or department of the state, doctor, nurse, or other health care provider, psychologist, psychiatrist, police department, or mental health clinic. The GAL/CASA shall be permitted to inspect and copy any records relating to the child or children involved in the case, without the consent of the parent or guardian of the child, or of the child if the child is under the age of thirteen years, unless such access is otherwise specifically prohibited by law.
§7a Access to Information
Of common concern is what right the CASA/GAL has to reports from the parents’ service providers. Many jurisdictions handle this by filing orders requiring that the parents sign releases to allow their providers to speak to social workers and CASA/GALs.
The legislature has indicated that communication needs to flow freely between participants in the dependency.
[A]nalysis of the child dependency system following the death of Zy’Nyia Nobles indicated poor communication of relevant information from the courts, to the department, within programs between caseworkers, between divisions, among specialists, caregivers, and family. Appropriate service delivery necessitates communication of relevant information. Barriers to appropriate communication must be eliminated.9
§8 Duties and Responsibilities of a CASA/GAL
Under RCW 13.34.105, the CASA/GAL is to investigate the case and report on the best interests of the child, meet and interview or observe the child, monitor court orders, bring changes in circumstances to the court’s attention, and report on the status of the child’s membership in any Indian tribe or band. In 2008, the statute was amended, directing CASAs/GALs, whether paid or volunteer, to report to the court any views or opinions expressed by the child pertaining to issues pending before the court.
The following table lists some of the more common issues the court or parties may raise with CASAs/GALs. In general, activities that a CASA/GAL cannot engage in have to do with either liability issues, improper credentials, or erosion of the CASA’s/GAL’s impartiality to parties in the case.
| CASA/GAL Should | CASA/GAL May | CASA/GAL Should Never |
|
|---|---|---|---|
| Advocacy: | Inform individuals about the CASA’s/GAL’s role in case. Under GALR 2(k), a CASA/GAL shall identify him or herself as aCASA/GALwhen contacting individuals in the course of a particular case and inform those individuals about the role of aCASA/GALat the earliest practicable time. | Ask the court to appoint counsel on behalf of the child. | Create in the mind of a reasonable person the appearance of representing that party as an attorney.GALR 2(a). |
| Maintain privacy of parties.GALR 2(n). | Remain on the case if the child receives an attorney. | Discuss the case with the media unless so instructed by the court. | |
| In the case of an Indian child, act, know, and advocate for the best interests of the Indian child. RCW 13.34.105(1)(h). | Contact potential tribes and encourage the agency social worker to notify potential tribes. | Ignore or overlook a child’s potential Native American heritage. | |
| Report on the Native American heritage of each child they advocate for. | |||
| Ask parents and relatives if the child may have Native American heritage. | |||
| Annually notify the youth of his/her right to request an attorney at age 12 or older and upon the filing of any motion or petition affecting the child’s placement, services or familial relationships. RCW 13.34.100(7)(c). | Request that the court appoint an attorney for the child at any point during the case. Remain on the case if the child receives an attorney. | ||
| If contacted by a parent whose rights have been terminated and the child is eligible for reinstatement, must notify the child of his/her right to petition for reinstatement of parental rights. RCW 13.34.215(2). | Inquire with the child about possible suitable adult placements. | ||
| Bring changes in circumstances to the court’s attention so that appropriate services and orders are in place. | File motions and request relief on behalf of the child. | ||
| Report any new incidents of child abuse or neglect of the child they represent to CPS or law enforcement (i.e., a “mandated reporter.”) RCW 26.44.030. | Report abuse and neglect of any child to the proper authorities. | ||
| Get to know the child in his or her environment. | Visit the child at the placement, school, or daycare. | Rely solely on the reports of others regarding the child’s circumstances. | |
| Services: | Advocate for services for the parents and children. | Research appropriate services available in the community and share that information with the parents and social worker. | Act as the direct service provider for the parents or children on their case. |
| Advocate for transportation resources for the child. | Refer/coordinate transportation with DSHS. | Transport the child themselves. | |
| Encourage visitation between parents and children and between siblings when it is not contrary to the best interests of the child. | Supervise visits. | ||
| Investigation: | Conduct an independent investigation of the facts of the case and the child’s situation. | Engage in ex parte communication.RCW 13.34.107; GALR 2(m). | |
| Visit the child in his or her home and meet the child’s caretakers. | Observe the child in a variety of environments and speak with the child. | ||
| See the child at least every month and prior to court hearings if possible. | Request a courtesy CASA/GAL or co-CASA/GAL appointment for children placed far away. | Rely solely on caretaker/third party reports of the child’s wellbeing. | |
| When first appointed to the case, the CASA/GAL should seek approval from the parent’s attorney prior to interviewing the parent. | Interview the parent with the attorney present or alone with the attorney’s approval. | Interview a represented party without first obtaining approval from the party’s attorney. | |
| Observe visits between the child and parents and siblings. | Ask the parent for time before or after the visit to talk about the case. | Intrude on the child’s time with the parent or interfere with activities. | |
| Gather information from a variety of sources and familiarize him or herself with relevant facts about the child and family. | Request a courtesy CASA/GAL for children placed out of the county. | Rely solely on the reports of the state and other parties to the case. | |
| Recommendations: | Make recommendations for services and evaluations of the parties.GALR 2(h). | Make referrals to agencies such as Treehouse, Friends of CASA, or other service organizations for procurement of services and supplies for the child. | Buy the child gifts. |
| Submit written reports to the court no later than 10 days prior to a hearing for which a report is required. The report should include a written list of documents considered and persons interviewed during the course of the investigation.GALR 2(i). | File addendums to reports with information developed just prior to the hearing. | ||
| Agency relations: | Adhere to the policies set forth in the memorandum of understanding between CASA and DSHS | Attend visits and other information gathering activities with the agency social worker. | Rely totally on the agency social worker to gather the facts in the case. |
§9 Overview of Child Representation 2012
| Dependent Children, 2012 | % Rep. by a CASA | % Rep. by Staff | % Rep. by Other* | % With no Rep. | Notes | |
|---|---|---|---|---|---|---|
| Adams/Lincoln | 59 | No Data | No Data | 100% | No Data | |
| Asotin/Garfield | 77 | 30% | 70% | -- | -- | |
| Benton-Franklin | 575 | 50% | 10% | 40% | -- | Children eight and over appointed a public defender |
| Chelan Douglas | 157 | 95% | 5% | -- | -- | |
| Clallam | 221 | 70% | 30% | -- | -- | |
| Clark | 1020 | 50% | 20% | 20% | -- | Public defenders assigned to children over 13 |
| Cowlitz | 215 | 55% | 45% | -- | -- | |
| Ferry | 27 | 75% | 20% | 5% | -- | |
| Grant | 345 | 30% | 70% | -- | -- | |
| Grays Harbor | 431 | 30% | -- | 70% | -- | One GAL represents children w/o CASA; kids over 12 get attorney; CASA remains on case. |
| Island | 99 | 100% | -- | -- | -- | |
| Jefferson | 56 | 100% | -- | -- | -- | |
| King | 2514 | 55% | <1% | 40% | 5% | Children over 12 assigned a public defender; 5% of “none” are on CASA waitlist. |
| Kitsap | 618 | 30% | 70% | -- | -- | |
| Kittitas | 105 | 100% | -- | -- | -- | |
| Klickitat | 46 | 10% | 40% | 50% | -- | Kids over 12 appointed an attorney |
| Lewis | 166 | 95% | -- | <5% | -- | If public defender appointed for child, CASA withdraws |
| Mason | 173 | No data | No data | No data | -- | |
| Okanogan | 89 | 55% | 45% | -- | -- | Assigned CASA and staff GAL concurrently |
| Pacific/Wahkiakum | 66 | 100% | -- | Four POs assigned to all children | ||
| Pend Oreille | 53 | 60% | 40% | -- | -- | |
| Pierce | 2059 | 40% | 45% | 10% | -- | Program withdraws from guardianships & kids in pre-adopt homes |
| San Juan | 6 | 100% | -- | -- | -- | |
| Skagit | 320 | -- | -- | 100% | -- | Five paid GALs assigned to all cases |
| Skamania | 32 | No data | No data | No data | -- | |
| Snohomish | 1281 | 60% | -- | 25% | 15% | |
| Spokane | 1581 | 30% | 35% | 35% | -- | Children over 12 assigned public defender |
| Stevens | 187 | 70% | 30% | -- | -- | |
| Thurston | 386 | 80% | 20% | -- | -- | Limited appointment for most kids over 12. CASA remains on the case. |
| Walla Walla | 205 | 50% | 15% | 15% | 10% | |
| Whatcom | 513 | 25% | -- | 75% | -- | Paid GALs assigned to “Other” category |
| Whitman | 57 | 55% | 35% | 10% | -- | |
| Yakima | 664 | 40% | 60% | -- | -- | |
| Statewide | 14424 | 50% | 25% | 25% | ~2% |
Prepared by Washington State CASA, Sep 2013
* % rep by other – For Grays Harbor, Skagit, and Whatcom this represents representation by contract/paid GALs. For the remaining, this represents child representation by public defenders.
Sources: Dependent children data from DSHS; remaining data from local CASA programs
§10 Grievance Procedure
GALR 7 sets forth a requirement that each court shall promulgate rules that set out or refer to policies and procedures establishing and governing the filing, investigating, and adjudicating grievances made by or against GALs.
§11 Additional Resources
Washington State CASA Organization
Download this chapter: Chapter 8 – Court-Appointed Special Advocates (CASA) and Guardians ad Litem (GAS)
- See, e.g., 42 U.S.C. § 5106a(b)(2)(A)(xiii) (2006); RCW 13.34.100(1).
- Elizabeth Mehren, A Lifetime of Difference, One Child at a Time, L.A. Times, Mar. 3, 1995, at E1.
- RCW 2.56.030(15).
- RCW 13.34.100(8).
- RCW 13.34.100(8).
- RCW 13.34.100(4).
- See RCW 13.34.100(1); In re O.J., 87 Wn. App. 1108, 947 P.2d 252 (1998).
- 42 U.S.C. § 5106a(b)(2)(A)(xiii) (2006).
- RCW 13.34.350.
