§3.06 Other Representatives: Initial Hearing Phase: Juvenile Dependency Hearings

§3.06 Other Representatives

[1] CASA Volunteer
[2] CAPTA Guardian ad Litem
[3] Guardian ad Litem

[1] CASA Volunteer

You may appoint a court-appointed special advocate, or CASA volunteer, at any time if your county has a CASA program and if the child would benefit from such services. [WIC §§101(c), 103(e), (g), 110; CRC 5.655(h).] CRC 5.660(f)(4) recommends appointment of a CASA volunteer even if the child has an attorney.

[2] CAPTA Guardian ad Litem

You must also appoint a guardian ad litem for the child under the federal Child Abuse Prevention and Treatment Act (CAPTA, Public Law 93-247). An attorney appointed for the child will also serve as the CAPTA guardian ad litem. [WIC §326.5; CRC 5.662(c), (d).] If you do not appoint an attorney, appoint a CASA volunteer to serve as the CAPTA guardian ad litem. [WIC §326.5; CRC 5.660(b)(3), (f), 5.662(c).] You must identify the appointee on the record.

[3] Guardian ad Litem

You may also appoint a guardian ad litem, pursuant to CCP §§372–373, to represent any incompetent party in the proceeding. The appointment should be made if you find by a preponderance of the evidence that the parent is incompetent within the meaning of PC §1367 or Prob C §1801. “The test for incompetence in this context is whether the party has the capacity to understand the nature or consequences of the proceedings, and is able to assist counsel in preparation of the case.” [In re Jessica G. (2001) 93 CA4th 1180, 1186.] You must be sure to explain to the party what a guardian ad litem is or what a guardian ad litem does, as well as the rights that would be transferred away to the guardian ad litem on appointment.

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