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The Role of a CASA (Court-Appointed Special Advocate) in San Bernardino Dependency Cases

Mohammad Abuershaid

Understanding the Role of a Court-Appointed Special Advocate in Your Child’s Dependency Case in San Bernardino

If you are a parent involved in a juvenile dependency case in San Bernardino, you may find that someone you have never met is spending time with your child, visiting their school and placement, interviewing the people in your child’s life, and then submitting a written report to the judge at the San Bernardino County Juvenile Court. That person is most likely a Court-Appointed Special Advocate, known as a CASA volunteer.

Understanding who a CASA is, what authority they have, what they are looking for, and how their involvement can affect the outcome of your case is essential for any parent navigating a dependency proceeding in San Bernardino and the Inland Empire.

What Is a CASA Volunteer?

A Court-Appointed Special Advocate is a trained community volunteer appointed by the juvenile court to advocate for the best interests of a child in a dependency case. CASA volunteers are not attorneys, not social workers, and not employees of the child welfare agency. They are private citizens who have completed a training program and been sworn in by the court to serve as an independent voice for the child.

The CASA program operates nationwide. In California, local CASA programs are affiliated with California CASA and the National CASA/GAL Association. Each county’s program operates with some variation, but all CASA volunteers share the same core mission: to ensure that the court has an informed, independent perspective on what is best for the child, separate from the perspectives of the agency, the parents’ attorneys, or other parties with interests of their own. In San Bernardino County, the local CASA program works directly with the San Bernardino County Juvenile Court to serve children in dependency proceedings.

How Is a CASA Appointed to a Case in San Bernardino?

A CASA volunteer may be appointed to a dependency case at any stage of the proceedings, from shortly after the initial detention hearing through long-term placement or permanency planning. Appointments are typically made by the judge upon a finding that the appointment would serve the child’s interests.

Not every dependency case in San Bernardino and the Inland Empire receives a CASA. In counties where demand exceeds the number of available trained volunteers, cases are prioritized. If a CASA is appointed to your case, you will typically be notified through your attorney or through a court notice from the San Bernardino County Juvenile Court.

What Does a CASA Do in a Dependency Case?

A CASA volunteer’s role is to independently investigate the child’s situation and advocate for the child’s best interests in court. The scope of that role is broader than most parents initially expect. A CASA volunteer assigned to your child’s case in San Bernardino may visit the child in their current placement on a regular basis to observe living conditions and the child’s wellbeing. They may interview the child about their experiences, feelings, preferences, and wishes. They typically review the child’s records, including school, medical, and mental health records, as well as previous child welfare files.

Additionally, the CASA may speak with teachers, counselors, foster caregivers, therapists, and other professionals involved in the child’s life, observe visits between the child and the parent, review the case file maintained by the agency, attend court hearings, and submit written reports to the court with their findings and recommendations.

The CASA’s written report to the court is an important document in your case. It is reviewed by the judge and carries independent weight because it comes from a volunteer with no institutional interest in the outcome, which courts tend to view as a source of relatively unbiased perspective on the child’s circumstances.

What Authority Does a CASA Have?

A CASA volunteer has investigative access and the right to make recommendations to the court, but they do not have decision-making authority over placement, visitation, or case planning. Those decisions belong to the San Bernardino County Juvenile Court. A CASA cannot remove a child from a home, change a visitation schedule, or override an agency recommendation on their own.

However, a CASA’s recommendations carry real weight with judges, particularly in San Bernardino County, where the court has developed trust in the local CASA program over many years. A CASA report that supports reunification can be a meaningful asset for a parent. A CASA report that expresses concerns about a parent’s progress or the child’s wellbeing in the parent’s care can significantly influence the court’s thinking.

How Should Parents in San Bernardino Interact with a CASA?

Parents sometimes feel threatened or defensive when a CASA is appointed to their child’s case, particularly if they perceive the CASA as another arm of the agency working against them. This reaction is understandable, but it is usually counterproductive. The CASA is not your adversary. They are there to advocate for your child, and if you are genuinely committed to your child’s wellbeing and working toward reunification, a CASA who sees that firsthand can become one of the more credible voices in your favor.

Be cooperative and respectful in all interactions with the CASA volunteer. Communicate openly about your progress in completing case plan requirements. Invite the CASA to observe your visitation with your child when possible. Keep the CASA informed of positive changes in your circumstances, such as stable housing, employment, or completion of services. Do not attempt to coach your child on what to say to the CASA, and do not attempt to pressure or influence the CASA’s report or recommendations. Always consult with your attorney before discussing sensitive legal matters with the CASA.

The Difference Between a CASA and Minor’s Counsel

CASA volunteers are frequently confused with minor’s counsel, the attorney appointed to represent the child’s legal interests in a dependency case. While both are focused on the child’s wellbeing, they are very different roles. Minor’s counsel is an attorney who has an attorney-client relationship with the child and advocates for the child’s expressed wishes as well as their best interests. The CASA is not an attorney, does not have an attorney-client relationship with the child, and advocates solely for what the CASA independently determines to be in the child’s best interests, which may or may not align with what the child says they want.

Both may submit reports or make recommendations to the San Bernardino County Juvenile Court, and their views may agree or conflict. When a CASA and minor’s counsel take different positions, the court must weigh both perspectives in making its determination.

What If the CASA’s Report Contains Inaccurate Information?

A CASA report is not beyond challenge. If the report contains factual inaccuracies, mischaracterizations of events, or conclusions that are not supported by the evidence, your attorney can address those issues in court. The CASA may be questioned at hearings, and the accuracy of their observations can be tested against other evidence in the record.

If you believe the CASA assigned to your case in San Bernardino has a bias, has made inaccurate statements, or has not fulfilled their role appropriately, raise this concern with your dependency attorney promptly. There are procedural mechanisms for challenging a CASA’s appointment and their reports, though these situations require careful handling to avoid appearing adversarial toward a court-appointed volunteer in a way that reflects poorly on the parent.

Contact ALL Trial Lawyers for Experienced Dependency Representation in San Bernardino

Navigating the relationships between the agency, the court, CASA volunteers, and minor’s counsel in a San Bernardino dependency case requires experienced legal guidance at every step. The attorneys at ALL Trial Lawyers have handled thousands of dependency matters throughout San Bernardino and the Inland Empire, Orange County, Los Angeles, Riverside, and across California.

We understand how every participant in the dependency process operates and how to use that knowledge to protect your parental rights and fight for your family’s reunification. Call us at (866) 811-4255 for a free consultation. There are no attorney fees unless and until we recover results for you.

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