Pennsylvania Act 1998-128 — JUDICIAL CODE (42 PA.C.S) - AMEND JUVENILE MATTERS

Act text

JUDICIAL CODE (42 PA.C.S) - AMEND JUVENILE MATTERS
                 Act of Dec. 15, 1998, P.L. 978, No. 128              Cl. 42
                             Session of 1998
                               No. 1998-128

     HB 2664

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, providing for court-
        appointed special advocates in juvenile matters.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 6302 of Title 42 of the Pennsylvania
     Consolidated Statutes is amended by adding a definition to read:
      § 6302.  Definitions.
        The following words and phrases when used in this chapter
     shall have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        * * *
        "Court-appointed special advocate" or "CASA."  An individual
     appointed by the court to participate as an advocate for a child
     who is dependent or alleged to be dependent.
        * * *
        Section 2.  Title 42 is amended by adding a section to read:
     § 6342.  Court-appointed special advocates.
        (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.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 15th day of December, A. D. 1998.

     THOMAS J. RIDGE