Rule 10-164. Court-appointed special advocates in child welfare cases.

A. Appointment. A court-appointed special advocate (“CASA”) may be appointed by a children’s court judge under the provisions of this rule to assist in any abuse and neglect, families in need of court-ordered services, or fostering connections proceeding. B. Qualifications. Any CASA appointed under this rule shall: (1) be at least twenty-one (21) years of age; (2) have successfully passed screening requirements, including a written application, personal interview, reference checks and criminal records checks; (3) have successfully completed initial and regular in-service training under appropriate guidelines; and (4) remain under the supervision of the local CASA director. C. Duties. Any CASA appointed under this rule shall be assigned duties consistent with the best interest of the child, which include but are not limited to: (1) interviewing the child or eligible adult in a fostering connections case; (2) reviewing records other than those records to which access is limited by the court; (3) interviewing respondents as permitted under Paragraph D; (4) interviewing other persons with information relevant to the child’s or eligible adult’s best interests; (5) monitoring the progress of the case; (6) monitoring compliance with the case plan; (7) monitoring progress in addressing the causes and conditions that brought the child into custody; (8) preparing reports based on the investigation conducted by the CASA, including recommendations to the court; and (9) maintaining confidentiality of information obtained. D. Communication with respondent prior to adjudicatory hearing. Prior to the conclusion of the adjudicatory hearing, a CASA shall not interview a respondent unless the respondent and the respondent’s counsel have consented to the interview. E. Ex parte communications. A CASA shall not engage in any ex parte communications with the judge assigned to any case on which the CASA is appointed. F. Reports. Any reports prepared by the CASA shall be served on the parties and the court at least five (5) days prior to the hearing at which it will be considered. Upon receipt, the court shall file the report into the court record. Any CASA report shall state whether the child has been adjudicated as to each respondent in the case at the time the report is filed and shall include a list of persons that the CASA consulted in preparation of the report. (1) Pre-adjudication reports. Prior to the conclusion of the adjudicatory hearing, a CASA report shall not include information related to the allegations in the abuse and neglect petition. The CASA report may contain factual information about the child’s wellbeing, which includes but is not limited to the following: (a) the child’s mental, physical, medical, therapeutic, emotional, cultural, and educational needs; (b) the child’s recreational and extracurricular-related activities and interests; and (c) the quality and regularity of family time between the child, the child’s siblings, and the respondents. (2) Post-adjudication reports. Once a child has been adjudicated abused or neglected as to a respondent, a CASA report may include any information or recommendations related to the child’s best interest and the needs of the family consistent with the duties listed in Paragraph C of this rule. G. Time limits. No time limit set forth in these rules shall be tolled or enlarged because of the appointment of a CASA.