act-1998-0-128•Pennsylvania Act 1998-128 — JUDICIAL CODE (42 PA.C.S) - AMEND JUVENILE MATTERS
Pennsylvania Act 1998-128 — JUDICIAL CODE (42 PA.C.S) - AMEND JUVENILE MATTERS
act-1998-0-1281998 Pa. Act 128Law
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
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