Probation Department Policy/Procedure Manual

4.20 Probation Referrals to Court Appointed Special Advocate (CASA) Services

Location Juvenile Services - Division Wide
Section N/A
Subject 4.20 Probation Referrals to Court Appointed Special Advocate (CASA) Services
Purpose To guide Deputy Probation Officers (DPOs) in making referrals to the CASA program for an educational advocate, an educational representative, a foster youth advocate, or a transitional aged youth ment
Effective Date 1/6/2022
Previous Effective Date

 

SPECIFIC PROCEDURE

  1. CASA Educational Advocate
    1. DPO consults with a Supervising Deputy Probation Officer (SDPO) to determine if an educational advocate is appropriate.
    2. If the SDPO agrees, the DPO fills out the “CASA Referral Form” and selects Educational Advocate from the program choices and emails the form to [email protected].
    3. CASA will fill out an “Order of Appointment of Court Appointed Special Advocate” and forward it to the DPO.
    4. DPO submits a recommendation for CASA educational advocacy to the court.  This can be in a dispositional order or by an ex-parte order with language as follows: “CASA appointed for educational advocacy.” The DPO will also submit the “Order of Appointment of Court Appointed Special Advocate.”  This form needs to be signed by the judge and filed by the court.
    5. If the order is granted by the court, a Legal Clerk (LC) shall email a filed copy of the “Order of Appointment of Court Appointed Special Advocate” to [email protected] and copy the assigned DPO.
    6. LC shall also open a CASA Educational Advocacy enrollment in Monitor.
    7. DPO shall coordinate with the LC to ensure electronic case records, including school records and social history reports, are emailed to ********@slocasa.org.
  2. CASA Educational Representative/Rights Holder
    1. DPO consults with an SDPO to determine if a recommendation to limit the parent(s) right to make educational decisions and appoint a CASA as the youth’s educational representative/rights holder is appropriate.
    2. DPO shall also consult with the CASA Program Director when making this determination.
    3. If the SDPO and CASA Program Director agree with the recommendation, the DPO fills out the “CASA Referral Form” and selects Educational Representative from the program choices and emails the form to 
    4. DPO shall set a hearing if one is not already set (e.g., Dispositional Hearing) regarding the recommendation, notices the parties of the hearing, submits a court memorandum, and submits a proposed JV 535 and JV 535(A) as described in the following:
      1. Select a hearing date no sooner than 15 days out
      2. Prepare and file with the court the JV 510 Proof of Service
      3. Prepare and file with the court the JV 625 Notice of Hearing (List the reason for the hearing under section 2. f. (Other: Limitation of Parental Rights to Make Educational Decisions)
      4. Prepare a court memorandum or include in the dispositional report explaining why the recommended order is necessary (file and distribute three court days in advance of hearing to all parties including CASA)
      5. Prepare a proposed JV 535 and JV 535(A) as described below and submit one copy to the court with the court’s copy of the memorandum
        1. Fill in the youth’s name and case number
        2. For the JV 535 fill in Sections 1, 2, 3, 4, 5, 6, 7, 8
        3. For the JV 535, check the box “Related findings and orders are attached on form JV 535(A) or its equivalent” and fill in other sections as appropriate based on the individual facts and circumstances of the case
        4. For the JV 535(A), fill in sections where appropriate based on the individual facts and circumstances of the case
    5. If the order is granted, the LC shall email a copy of the filed JV 535 and JV 535(A) (along with the “Order of Appointment for Court Appointed Special Advocate” if this was done at the same time) to the [email protected] and copy the assigned DPO.
    6. Once the order is granted for the JV 535 and JV 535(A), the LC shall open a CASA Educational Representative enrollment in Monitor.
    7. DPO shall coordinate with the LC to ensure electronic case records, including school records and social history reports, are emailed to [email protected].
    8. DPO shall monitor the continuing need to limit the parent(s) right to make educational decisions for the youth and inform the court at each juvenile justice proceeding of the identified educational rights holder. Additionally, at any hearing where the court restores or modifies educational rights, or where there are updates to any contact or other information the DPO shall submit a JV 535 and JV 535(A). DPOs shall request the court restore the parent(s) right and terminate any previous educational rights holder or developmental-services decision maker at such time as it appears to be in the best interest of the youth.
      1. For foster youth, including Non-Minor Dependents (NMDs) still attending high school or NMDs who have an Individualized Education Plan (IEP), this limitation shall be reviewed every six months, in conjunction with status review hearings, and findings and orders shall be submitted on the JV 535 and JV 535(A) with a recommendation to  affirm the current appointed educational rights holder, designate a new educational rights holder, update contact or other information, or restore the parent(s) full educational decision-making rights.
      2. For non-foster youth, the DPO shall inform the Court at a scheduled hearing or request a special hearing at such time that they believe it is appropriate to request the court restore the parent(s) right and submit the recommendation with a court memorandum and findings and orders on the JV 535 and JV 535(A).
      3. Prepare a JV 535 and JV 535(A) as described below and submit one copy to the court with the court’s copy of the appropriate report/memorandum.
        1. Fill in the youth’s name and case number
        2. For the JV 353, fill in the applicable sections (i.e., 1, 2, 3, 4, 5, 6, 7, & 8)
        3. For the JV 535, check the box “Related findings and orders are attached on the JV 535(A) or its equivalent” and fill in the other sections as appropriate based on the individual facts and circumstances of the case
        4. For the JV 535(A), fill in the sections where appropriate based on the individual facts and circumstances of the case
        5. The LC shall email a copy of any court filed JV 535 and JV 535(A) to [email protected] and a copy to the assigned DPO

 

  1. CASA Foster Youth Advocate
    1. DPO consults with an SDPO when making a recommendation for foster care to determine if appointment of a CASA is appropriate.
    2. If the SDPO agrees, the DPO fills out the “CASA Referral Form” and selects Foster Youth Advocate from the program choices and emails the form to [email protected].
    3. CASA will fill out an “Order of Appointment of Court Appointed Special Advocate” and forward it to the DPO.
    4. DPO submits a recommendation to the court for a CASA to be assigned to the case.  This can be in a dispositional order or by an ex-parte order with language as follows: “Court Appointed Special Advocate appointed”. The DPO will also submit the “Order of Appointment of Court Appointed Special Advocate.”  This form needs to be signed by the judge and filed by the court.
    5. If the order is granted by the court, the LC shall email a filed copy of the “Order of Appointment of Court Appointed Special Advocate” to [email protected] and copy the assigned DPO.
    6. Once the order is granted, the LC shall open a CASA Special Advocate enrollment in Monitor.
    7. DPO shall coordinate with the LC to ensure electronic case records, including school records and social history reports, are emailed to [email protected].

 

  1. CASA Transitional Aged Youth (16-21) Mentor
    1. DPO consults with an SDPO to determine if appointment of a CASA mentor is appropriate.
    2. If the SDPO agrees, the DPO fills out the “CASA Mentor Referral Form” and emails it to [email protected].
    3. CASA will fill out an “Order of Appointment of Court Appointed Special Advocate” and forward it to the DPO.
    4. DPO submits a recommendation for a CASA Mentor to the court.  This can be in a dispositional order or by an ex-parte order with language as follows: “CASA Mentor appointed”. The DPO will also submit the “Order of Appointment of Court Appointed Special Advocate.”  This form needs to be signed by the judge and filed by the court.
    5. If the order is granted by the court, the LC shall email a filed copy of the “Order of Appointment of Court Appointed Special Advocate” to the [email protected] and copy the assigned DPO.
    6. Once the order is granted, the Legal Clerks (LCs) shall open a CASA Mentor enrollment in Monitor.
    7. DPO shall coordinate with the LC to ensure electronic case records, social history reports and records as needed, are emailed to ********@slocasa.org.

 

  1. General Requirements for All CASA Appointments
    1. DPO shall notice the assigned CASA staff member of all scheduled court appearances for the minor and provide copies of all reports to the assigned CASA staff member in the same manner they are provided to other parties. Emails should be directed to [email protected].
    2. DPO to inform the assigned CASA staff member of any major changes in the youth’s circumstances (i.e., change of residence, detention at Juvenile Hall, whereabouts unknown or warrant issued, inpatient mental health care, case closure).
    3. CASA appointments remain in full force and effect until they are modified or terminated by court order. The DPO should consult with an SDPO and the assigned CASA staff member prior to submitting a request (by petition or ex-parte order) to modify or terminate a CASA appointment.
    4. LCs are responsible for closing all CASA enrollments in Monitor after the CASA appointments are vacated by the court.
    5. LCs shall include CASA in all sealing orders on cases that had CASA appointments.