CASA Programs and Judicial Ethics Introduction - National CASA

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In scenario (1), you certainly could ask a CASA volunteer to help in the search for extendedfamily members. The volunteer may have better access to family members and certainly would havemore time than a social worker. Some CASA offices conduct family finding searches for children thattheir volunteers represent. There is no guarantee that the search would be productive. Perhaps youshould first talk with the director about what resources the CASA program can offer their volunteers tosearch for extended family members.In scenario (2) you should not permit the volunteer to take the dependent child to Disneyland.There is a prohibition against volunteers taking their child to the volunteer’s home, and a trip toDisneyland would likely involve an overnight in a hotel or some other location with the volunteer. Twoof the policies behind this rule are to avoid the appearance of becoming too involved in the child’s lifeand to avoid situations where accusations of misbehavior might occur. If, however, the trip was part of agroup activity and the details of travel and housing were satisfactory, you might approve of the trip. Allparties in the child’s case should be given notice of any such trip before you consider granting therequest. On the other hand day trips to museums, parks, or other locations that would be educational orenjoyable for the child should be encouraged.In scenario (3) you are asking a CASA volunteer to become acquainted with a child’s progressin school, to meet with teachers, and to track the child’s educational development. This is an ideal use ofa CASA volunteer, one that many programs have supported. You can make such a request. Moreover,you could also meet with the director and discuss how the program could support volunteers who aretracking a child’s educational development. One CASA program asked a retired teacher to provideadvice to advocates about how best to work with a child’s school.In scenario (4) you are considering appointing a CASA volunteer as a child’s educationalrepresentative pursuant to federal law. In order to make this appointment, you must first conclude thatthe biological parents are not in a position to make education-related decisions for their child. If youreach that conclusion, you can remove their educational rights and then appoint the CASA volunteer orsome other appropriate person as the child’s educational representative. In many situations, the CASAvolunteer is an ideal person to fulfill the responsibilities of an educational representative. You must becertain that the CASA volunteer is given a copy of your order that the volunteer will have some proof ofhis authority when he or she goes to the child’s school.26
Scenario (5) involves the lack of resources to meet the complex needs of a foster child. Often afoster parent is unable to transport a child to an appointment, get a child to court, or be transported toschool or to a visit. Should you order a CASA volunteer to provide that type of service? No, you shouldnot. The duties of a CASA volunteer are carefully spelled out in your state law. While you can ask thevolunteer to investigate, become the child’s educational representative, and fulfill other functions, youshould not order him or her to provide transportation. The volunteer may provide such services on his orher own, but should be free to make that decision.Sources: Canons 1 118 , 2 119 & 3 120 .H. Ethical Implications of Ex Parte CommunicationsThe last seven sections have dealt with creating and expanding CASA programs, supportingthem, working with them as they recruit and train volunteers, and your responsibilities overseeing theprogram. CASA volunteers are also members of the community. You will meet them in various socialsettings, and they may feel that they can approach you as they would an acquaintance. These encountersmay confront you with ethical issues. Consider the following:Hypothetical SituationsYou are a popular judge with the CASA volunteers. Many of them are acquaintances from thecommunity. Certain situations arise which put you in contact with individual CASA volunteersincluding the following:1. At a small dinner party, one of the guests (a friend) wants to talk about her court case withyou.2. Your answering machine at work has a message from a CASA volunteer stating that one ofthe parents of a child the volunteer is representing has violated a court order. Should youreturn the telephone call?118 MODEL CODE OF JUDICIAL CONDUCT Canon 1 (2007).119 MODEL CODE OF JUDICIAL CONDUCT Canon 2 (2007).120 MODEL CODE OF JUDICIAL CONDUCT Canon 3 (2007).27
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CASA Programs and Judicial Ethics Introduction - National CASA

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