(a) General rule.--The court may appoint or discharge a CASA at any time during a proceeding or investigation regarding dependency under this chapter.
(b) Immunity.--A court-appointed special advocate shall be immune from civil liability for actions taken in good faith to carry out the duties of the CASA under this chapter except for gross negligence, intentional misconduct or reckless, willful or wanton misconduct.
(c) Qualifications.--Prior to appointment, a CASA shall:
(1) Be 21 years of age or older.
(2) Successfully pass screening requirements, including criminal history and child abuse background checks.
(3) Successfully complete the training requirements established under subsection (f) and by the court of common pleas of the county where the CASA will serve.
(d) Powers and duties.--Following appointment by the court, the CASA shall:
(1) have full access to and review all records, including records under 23 Pa.C.S. Ch. 63 (relating to child protective services) relating to the child and other information, unless otherwise restricted by the court;
(2) interview the child and other appropriate persons as necessary to develop its recommendations;
(3) receive reasonable prior notice of all hearings, staff meetings, investigations or other proceedings relating to the child;
(4) receive reasonable prior notice of the movement of the child from one placement to another placement, the return of a child to the home, the removal of a child from the home or any action that materially affects the treatment of the child;
(5) submit written reports to the court to assist the court in determining the disposition best suited to the health, safety and welfare of the child; and
(6) submit copies of all written reports and recommendations to all parties and any attorney of a party.
(e) Confidentiality.--All records and information received under this section shall be confidential and only used by the CASA in the performance of his duties.
(f) Standards.--The Juvenile Court Judges' Commission established under the act of December 21, 1959 (P.L.1962, No.717), entitled "An act providing for the creation and operation of the Juvenile Court Judges' Commission in the Department of Justice; prescribing its powers and duties; and making an appropriation," shall develop standards governing the qualifications and training of court-appointed special advocates.
(Dec. 15, 1998, P.L.978, No.128, eff. 60 days)
1998 Amendment. Act 128 added section 6342.
Cross References. Section 6342 is referred to in section 6336.1 of this title; section 6365 of Title 23 (Domestic Relations).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Section 6301 - Short title and purposes of chapter
Section 6303 - Scope of chapter
Section 6304 - Powers and duties of probation officers
Section 6304.1 - Summary offenses
Section 6306 - Costs and expenses of care of child
Section 6307 - Inspection of court files and records
Section 6308 - Law enforcement records
Section 6309 - Juvenile history record information
Section 6310 - Parental participation
Section 6311 - Guardian ad litem for child in court proceedings
Section 6321 - Commencement of proceedings
Section 6322 - Transfer from criminal proceedings
Section 6323 - Informal adjustment
Section 6324 - Taking into custody
Section 6325 - Detention of child
Section 6326 - Release or delivery to court
Section 6327 - Place of detention
Section 6328 - Dependency in lieu of delinquency
Section 6331 - Release from detention or commencement of proceedings
Section 6332 - Informal hearing
Section 6335 - Release or holding of hearing
Section 6336 - Conduct of hearings
Section 6336.1 - Notice and hearing
Section 6336.2 - Use of restraints on children during court proceedings
Section 6337 - Right to counsel
Section 6337.1 - Right to counsel for children in dependency and delinquency proceedings
Section 6338 - Other basic rights
Section 6339 - Investigation and report
Section 6342 - Court-appointed special advocates
Section 6351 - Disposition of dependent child
Section 6351.1 - Authority of court upon petition to remove child from foster parent
Section 6352 - Disposition of delinquent child
Section 6352.1 - Treatment records
Section 6352.2 - Interagency information sharing
Section 6353 - Limitation on and change in place of commitment
Section 6354 - Effect of adjudication
Section 6355 - Transfer to criminal proceedings
Section 6356 - Disposition of mentally ill or mentally retarded child
Section 6357 - Rights and duties of legal custodian
Section 6358 - Assessment of delinquent children by the State Sexual Offenders Assessment Board
Section 6361 - Disposition of nonresident child
Section 6362 - Disposition of resident child received from another state
Section 6363 - Ordering foreign supervision
Section 6364 - Supervision under foreign order
Section 6365 - Powers of foreign probation officers
Section 6372 - Juvenile Court Judges' Commission
Section 6373 - Powers and duties