Summary — HB 5429 / Court‑Appointed Special Advocate (CASA) Act (PA 124 of 2024)
Status & timeline
- Enacted as Public Act 124 of 2024; approved by the Governor and filed with the Secretary of State on October 3, 2024. Effective October 3, 2024 (immediate effect).
- Introduced by Rep. Christine Morse (original House bill Feb. 7, 2024); passed both chambers with substitutes before enactment.
Purpose
- Creates the "Court‑Appointed Special Advocate Act" to authorize Michigan courts to establish CASA programs that provide screened, trained volunteer advocates to represent and promote the best interests of abused and neglected children in juvenile (probate) proceedings.
Key provisions
- Court authority and program structure
- Each court may establish a CASA program; a single program may serve multiple courts.
- A written memorandum of understanding (MOU) is required between a court and any local CASA program setting forth roles/responsibilities.
- Program director duties include administration, recruitment, selection, training, supervision, and evaluation of staff and volunteers.
Volunteer eligibility, training, and supervision
- Minimum volunteer age: 21.
- Volunteers must be screened, trained, and supervised in accordance with National CASA/GAL Association standards.
- Each program must provide at least 12 hours of in‑service training annually.
- Prospective volunteers must complete an application, screening interviews, and sign release(s) for background checks; must commit to a case until permanency is achieved.
Background checks & disqualification
- Required before assignment and then every two years. Checks must include:
- State criminal history (ICHAT or equivalent);
- FBI or other national criminal database check;
- National and state offender registry checks (e.g., sex offender registries);
- Child Abuse & Neglect central registry checks in Michigan and each state of residence for previous 5 years (where permitted);
- Social Security number trace (aliases, former addresses).
- Applicants/volunteers with convictions or pending charges for sex offenses, child abuse/neglect, or related crimes that pose risk or undermine program credibility are ineligible or will be dismissed.
Role, duties, and authority of CASA volunteers
- Appointable in juvenile proceedings under MCL 712A.2 or 712A.19b when appointment is in the child's best interests and the child requires services a CASA can provide.
- Appointed by court order and designated as a Friend of the Court (FOC).
- Duties include independent investigation into the child's circumstances, regular visits, monitoring services and permanency plans, making written recommendations to the court (report may be offered as evidence), attending hearings, and coordinating with agencies/schools/providers.
- Volunteers have access to all documents/records available to the appointing court related to the case; that information is confidential and may be disclosed only to the court, parties, or persons authorized by the court.
Standards & restrictions
- Volunteers must not accept compensation for their appointment duties, must avoid conflicts of interest (including relationships with parties/attorneys), and must not use the role to solicit gifts or privileges.
Liability protection
- CASA volunteers are granted civil immunity consistent with volunteer protection principles (as reflected in summaries referencing the federal Volunteer Protection Act).
Fiscal impact / who is affected
- Primary beneficiaries: abused and neglected children under court jurisdiction; families, courts, and child welfare systems.
- Entities affected: state and local courts; CASA nonprofit programs; Department of Health and Human Services (DHHS) and other agencies required to cooperate; school districts and service providers.
- Fiscal effects are indeterminate:
- The act is permissive (courts choose whether to establish programs), so local cost impacts depend on uptake.
- FY 2023‑24 budget included $1.0 million ongoing for CASA statewide administration; some local programs (e.g., Kent County) have received appropriations.
- Background check fees exist (ICHAT ~$10, FBI ~$13.25, state fingerprint ~$30); the statute does not clearly assign who pays these costs.
Procedural / other notes
- A volunteer’s appointment terminates when the court’s jurisdiction ends, upon court discharge, or (with court approval) at the program director’s request.
- The statute codifies national CASA standards as the baseline for screening, training, and supervision to promote consistent volunteer preparation statewide.
For more detail, see the Court‑Appointed Special Advocate Act (HB 5429 / PA 124 of 2024) and related legislative analyses.
