Frequently Asked Questions

CASA stands for Court Appointed Special Advocates. It is a national nonprofit program that recruits, trains, supervises, and supports community volunteers who advocate for abused, neglected, and/or abandoned children who are dependents of the court and in the child welfare system. CASA Minnesota is the local chapter focused on serving children in our community.

Guardian ad litem is a legal term meaning guardian for the lawsuit. In other words, the term refers to a temporary guardian assigned to a child for the duration of the court process. A Guardian ad Litem (GAL) is not the same as a legal guardian. The Guardian ad Litem has no control over the person or property of the child and does not provide a home for the child. The Guardian ad Litem is an advocate for the child’s best interests. The Guardian ad Litem does not function as the child’s attorney and does not provide direct social services to the child.

In many other states, the term CASA (Court Appointed Special Advocate) refers to a volunteer who carries out the functions of a Guardian ad Litem. Minnesota statutes use the term Guardian ad Litem for both paid and volunteer advocates. The name of our organization, CASA Minnesota, designates our affiliation with the National Association of Court Appointed Special Advocates (National CASA) and signifies our mission of supporting and promoting volunteer Guardians ad Litem in Minnesota.

A CASA/GAL volunteer is a trained community member who is appointed by a judge to represent the best interest of a child. The CASA/GAL volunteer spends time with the child on a regular basis getting to know the child while also gathering information from the child’s family, teachers, doctors, care-givers and others involved in the child’s life.

CASA/GAL volunteers perform the functions described below.

They gather information for the court:

• What has happened to the child
• The current needs and circumstances of the child
• They make recommendations to the court:
• What the child needs to be safe
• What treatment plans should be ordered for the child and family
• What permanent resolution is in the best interests of the child
• They advocate for speedy decisions that consider the child’s sense of time.

According to federal and Minnesota state law, all children involved in the child protection system whose parents may have abused or neglected them, must have a GAL who is either an employee or volunteer. When the court is making decisions that will affect a child’s future, the child needs and deserves a spokesperson-an objective adult to provide independent information about the best interests of the child. While other parties in the case are concerned about the child, they also have other interests. The Guardian ad Litem is the only person in the case whose sole concern is the best interests of the child.

Each year, there are more than 5,000 children in the Minnesota foster care system due to abuse or neglect. These children have often been removed from everything familiar – home, family, friends and school – and find themselves in a world filled with social workers, lawyers, judges and courtrooms where life-altering decisions are made on their behalf. Children may be placed with a relative, in a foster home, or in their home of origin. We work with children from birth to twenty-one. While in the foster care system, children may be placed with a relative, in a foster home, or in their home of origin but are not placed with their CASA/GAL.

Generally, volunteers take 1-2 cases at a time (and up to 5 are allowed), and each case can have 1-2 children each on average.

Most children who enter the child welfare system do so because of abuse or neglect by their primary caregiver. This situation frequently leaves children without a strong adult in their lives to ensure they are safe, and that their medical, educational, developmental and personal needs are met. Social Service caseworkers and attorneys often have caseloads of over 30 families, which can hamper caseworker’s ability to give individualized attention and support to the children they represent. CASA volunteers are generally assigned to one child or set of siblings for the duration of their case. This is why the committed service of a trained CASA volunteer makes a real difference to a judge who can depend on a CASA for a well-researched recommendation on the child’s needs and to the child who has a consistent adult to count on during such a difficult time in their lives.

Yes. The GAL is expected to attend every court hearing and, in some cases, may be a witness. The GAL makes written or oral reports and recommendations. In cases which proceed to trial, some programs provide legal consultation and representation to GALs.

Yes. Judicial officers know their decisions are only as good as the information they receive. They count on GALs to be an independent voice, and they know that GALs may have more time to focus on specific cases. A GAL who can tell the court “I was there; this is what I observed” can be invaluable.

No. The GAL should always listen to the child, and reports to the court what the child wants. In all cases, GALs must make their own recommendations as to what is in the best interest of the child.

No. The judicial officer is the finder of fact and makes decisions after listening to everyone who took part in the court hearing. Like the other people in the case, the GAL can only make requests and recommendations about what should happen.

The GAL talks with the people who know a lot about the child. This may include the child, the parents, relatives, foster parents, teachers, social workers, psychologists, doctors and others with important information. The GAL reads the reports written about the child and the family and visits where the child lives and where the child might go to live. The GAL also researches services available for the child and family.

Research shows that having a CASA/GAL volunteer makes an incredible difference in the lives of the child they are serving. These children are more likely to find a safe, permanent, nurturing home and are more likely to receive additional services like health care and education. Long-term outcomes show that children with a CASA/GAL volunteer are half as likely to re-enter the foster care system and twice as likely to graduate from high school. Most importantly, children themselves report that they know and can rely on their CASA/GAL volunteer.

Social workers are employed by government agencies and work on as many as 30 cases at a time involving the whole family. Most families include more than one child. The CASA/GAL volunteer focuses on the child but do not replace a social worker; they are an independent appointee of the court. The CASA/GAL volunteer thoroughly examines a child’s case and identifies various community resources that are available and makes recommendations to the court.

No. CASA/GAL volunteers are appointed to children who have come to the attention of the juvenile court system due to abuse or neglect. While they do develop a relationship with the child through frequent visits, the primary role of the CASA/GAL volunteer is to gather information about the child, write reports to the court, attend court hearings and serve as their advocate. Their commitment to the child is for the duration of the case only to help ensure the best possible outcome with no ongoing involvement once the case ends.

Each case and child are different. A CASA/GAL volunteer is required to visit their case child on a regular basis. Volunteers donate an average of 10-12 hours a month spending time with the child and gathering information. Volunteers are asked to commit until the case has been closed—an average of 18 months. The CASA/GAL volunteer is often the only consistent adult in the child’s life who stays involved in the case from beginning to end, providing stability and continuity that is desperately needed.

No special background or education is required to become a CASA/GAL volunteer. We encourage people from all cultures and professions, and of all ethnic and educational backgrounds. Once accepted into the program, you will receive all necessary training in courtroom procedures, social services, the juvenile justice system and the special needs of abused and neglected children.

Requirements include:

• You must be 21 years old
• Complete necessary background checks, provide references and participate in an interview
• Complete a minimum of 40 hours of pre-service training

When you become a CASA/GAL volunteer you agree to:

• See the child regularly
• Have regular communication with Minnesota GAL staff, CASA staff, and follow through on the case
• Maintain a very high level of confidentiality regarding the case to which you are assigned
• Provide information to the court by submitting a court report
  

Volunteers complete an informational meeting with CASA Minnesota and an application process with the state of Minnesota which includes a screening interview, background and reference checks, and 40 hours of pre-service training. After completion of the pre-service training, volunteers are sworn in and appointed to cases by the court. This gives them the legal authority to conduct research on the child’s situation and submit reports to the court.

The 40-hour training prepares prospective CASA/GAL volunteers by focusing on developing knowledge, skills and understanding in all areas that are critical to successful advocacy, including the child welfare system, child development, cultural awareness, and court reporting. CASA/GAL volunteer training is both online and in person and is the same training employee GALs receive. Volunteers also attend courtroom observation and job shadow other GALs to reinforce classroom learning. Volunteers gain exposure to the many issues confronting the judge in court proceedings while seeing firsthand the roles of the different parties to a case, including the role they will play once they are assigned their own case. Continuing education of at least 15 hours per year is required.