A CASA (Court Appointed Special Advocate) versus a Guardian Ad Litem
A Court Appointed Special Advocate (CASA) is a trained community volunteer appointed by a judge to represent the best interests of a child who has experienced abuse or neglect and is navigating the child welfare and family court systems.
Often, these children are assigned to foster placements until they can be reunified with their parents. Placements can be kinship care (relative) or fictive kin (close family friend). However, the reality is that more than likely the child will be placed with a stranger and, because Caroline County is resource deprived, these placements may very well be out-of-county far away from their friends, the only other security they have in their lives.
What a CASA Volunteer Does
Unlike attorneys or state caseworkers who often manage heavy caseloads, CASA volunteers are typically assigned to only one child or sibling group at a time. This allows them to focus deeply on that specific child's needs.
Monitors the Case: CASA volunteers meet regularly with the child, as well as their teachers, doctors, therapists, social workers, and family members, to gather a complete picture of the child's circumstances.
Reports to the Court: They submit written reports directly to the family court judge, recommending services, educational support, placement stability, or permanent family arrangements. It is important to understand the goal is always reunification until the time when the courts determine another course of action such as guardianship or adoption is more appropriate.
Provides Consistency: Children in foster care frequently change homes, schools, and caseworkers. A CASA advocate remains a stable, trusted adult presence throughout the duration of the court proceedings.
A CASA (Court Appointed Special Advocate) has one primary focus: the overall best interest and well-being of the child to whom they are assigned. Their role is clearly distinct from the caseworker and attorney. The caseworker on a CINA (Child In Need of Assistance) case is to perform state monitoring, family compliance, and system management. The child’s attorney’s role is to provide legal representation of the child's legal rights in court. It is imperative a CASA stay within the realm of their role and not provide counseling services or legal advice.
Requirements to Become a CASA
To serve as a CASA, individuals must be at least 21 years old, pass comprehensive background checks, and complete a 30-hour Pre-Service Training covering their role and responsibilities, family law, child welfare law, child development, cultural competency, and trauma-informed care.
A Guardian ad Litem (GAL) in a child welfare case is an independent representative appointed by a court to advocate for the best interests of a minor child who cannot represent themselves in legal proceedings. Their appointment is temporary and strictly limited to the duration and scope of that specific court case
Unlike a traditional attorney who advocates for what their client wants, the job of a GAL is to determine what is best for the individual, even if it contradicts the client's expressed wishes or the arguments of either parent/guardian.
Core Responsibilities of a GAL
Unlike a traditional attorney who advocates for what their client wants, the job of a GAL is to determine what is best for the individual, even if it contradicts the client's expressed wishes or the arguments of either parent/guardian
Conduct Independent Investigations: A GAL interviews children, family members, teachers, medical professionals, therapists, and social workers. They may also inspect home environments.
Submit Written Recommendations: They write detailed reports for the court evaluating safety, living conditions, emotional needs, and educational stability.
Testify and Participate in Court: GALs can file motions, cross-examine witnesses, present evidence, and directly advise the judge on custody, visitation, or care arrangements.
When is a GAL Appointed to a Case Involving a Child?
Courts typically assign a Guardian ad Litem in high-conflict or sensitive legal situations:
Child Custody & Divorce Disputes: When parents cannot agree on legal custody, physical placement, or relocation.
Child Welfare Cases: Cases involving allegations of abuse, neglect, or dependency handled by child protective services.
It is imperative to understand that a Guardian ad Litem (GAL) is typically an attorney or trained professional appointed by the court whereas a Court Appointed Special Advocate (CASA) is a trained community volunteer working alongside the court system.
In the event a CASA Program and Guardian ad Litem system are integrated, the CASA volunteer would work in tandem with the court-appointed GAL attorney.
