17.10 Court Appointed Special Advocate (CASA) and Guardian Ad Litem (GAL)

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(17) Legal

Policy Title:

Court Appointed Special Advocate (CASA) and Guardian Ad Litem (GAL)

Policy Number:

17.10

Previous Policy Number(s):

3.10

Effective Date:

April 2026

Manual Transmittal:

2026-01

​Codes/References

O.C.G.A. § 15-11-2 Definitions
O.C.G.A. § 15-11-104 Appointment and Removal of Guardian Ad Litem; Use of a CASA
O.C.G.A. § 15-11-105 Powers and Duties of Guardian Ad Litem
O.C.G.A. § 15-11-106 Participation of a CASA
O.C.G.A. § 15-11-215 Notice of Change in Placement Hearings
O.C.G.A. § 15-11-262 Right to Attorney and Appointment of Guardian ad Litem
O.C.G.A. § 49-5-41 Persons and Agencies Permitted Access to Records
45 CFR § 164.512 Uses and Disclosures for Which an Authorization or Opportunity to Agree or Object is not Required
Child Abuse Prevention and Treatment Act (CAPTA) § 106 (b) (2) (B) (xiii)
PL 100-294 Child Abuse Prevention, Adoption, and Family Services Act of 1988

​Requirements

The Division of Family and Children Services (DFCS) will:

  1. Confirm that the court has appointed a Guardian Ad Litem (GAL) for the child when a dependency complaint is filed. The GAL may be an attorney or Court Appointed Special Advocate (CASA). The GAL is responsible for:

    1. Obtaining first-hand, clear understanding of the situation and needs of the child; and

    2. Making recommendations to the court concerning the best interests of the child.

  2. Acknowledge the court’s authority to appoint a CASA to advocate for the best interest of the child, at the earliest possible stage of the dependency proceedings.

    1. The court will appoint a CASA to act as GAL whenever possible, and a CASA may be appointed in addition to an attorney who is serving as a GAL.

    2. The court order appointing the CASA gives them all the duties, rights, and responsibilities provided by state law for both a CASA and GAL.

  3. Notify the CASA and/or GAL of the development of any child’s case plan for whom they are appointed, to be given the opportunity to be heard by the court about the plans. The notification must be in writing and includes the date, time, and location of the family team meeting (FTM) at least five business days in advance of the meeting (see policy 19.3 Case Management: Solution-Focused Family Team Meetings).

  4. Provide written notice to the child’s GAL of any change in the child’s placement location while in DFCS custody in accordance with policy 10.3 Foster Care: Changes in Placement.

  5. Upon presentation of a court order appointing the CASA and/or GAL for the child, permit the CASA and/or GAL access to all records and information relevant to a child’s case to whom they are appointed.

    Records that are otherwise protected from disclosure in accordance with state or federal law cannot be disclosed. This includes records and information from Georgia’s Office of the Child Advocate for the Protection of Children, from the Department of Juvenile Justice, or the identity of the reporter (the individual who reported the abuse) cannot be disclosed.

  6. Adhere to confidentiality and Health Insurance Portability and Accountability Act (HIPAA) provisions outlined in policies 2.6 Information Management: Confidentiality/Safeguarding Information and 2.5 Information Management: Health Insurance Portability and Accountability Act.

  7. Consult with the Department of Human Services (DHS) Office of General Counsel (OGC) via email at childwelfareOGC@dhs.ga.gov for clarification regarding CASA and/or GAL information and record requests.

​Procedures

​Social Services Case Manager

  1. Confirm the Special Assistant Attorney General (SAAG) requests a GAL be appointed when the dependency complaint is filed.

  2. Review the court order to verify the appointment of the CASA and/or GAL and document the name in Georgia SHINES.

  3. Engage the CASA and/or GAL in a discussion of the following:

    1. Circumstances that placed the child in foster care.

    2. How the child is adjusting in foster care.

    3. Needs and services that have been identified for the child.

    4. Their perspective on the progress of the case plan.

    5. Their perspective on the child’s safety and well-being, progress toward achieving permanency, and any proposed motions or requests to the court.

    6. Recommendations to the court.

  4. Provide the CASA and/or GAL with access to the DFCS case record upon their request for the child to whom they are appointed. Consult with the DHS OGC when clarification is needed regarding record requests. Access to the child’s record may be provided to the CASA through the DFCS Communicare portal.

    Redact information that is otherwise protected from disclosure in accordance with state or federal law. This includes information from Georgia’s Office of the Child Advocate for the Protection of Children, from the Department of Juvenile Justice, and the identity of the individual who reported the abuse.

  5. Provide the CASA and/or GAL with the child’s caregiver contact information so they can maintain regular and sufficient in-person contact in a manner appropriate to the child’s developmental level.

  6. Notify the CASA and/or GAL of the development of any case plan, FTMs, Case Reviews, and DFCS Permanency Planning Hearings. Provide a copy of the case plan in accordance with policies 10.23 Foster Care: Case Planning, 19.3 Case Management: Solution Focused Family Team Meetings and 17.2 Legal: Case Review/Permanency Plan Hearings.

  7. Notify the CASA and/or GAL of any significant changes in circumstances of the child’s case (e.g. permanency plan, placement change, treatment, etc.).

​Social Services Supervisor

  1. Verify that a CASA and/or GAL has been appointed for the child and the appointment has been documented in Georgia SHINES.

  2. Provide guidance to the SSCM on the collaboration and sharing of information with CASA and/or GAL.

​Practice Guidance

​Court Appointed Special Advocate (CASA)

The Georgia CASA Program utilizes volunteers who are screened, trained, and supervised in their role of advocating for the best interests of an abused or neglected child involved in dependency proceedings. The CASA program serves all 159 counties and all 50 judicial circuits. If a juvenile court judge determines that a child involved in a dependency proceeding needs a CASA, the judge has the authority to appoint a CASA at the earliest possible state of proceedings, and they have all the duties, rights and responsibilities provided by law for GAL.

Before executing duties as a CASA and upon completion of all the requirements of an affiliate court-appointed special advocate program, a CASA must be sworn in by a judge of the Juvenile Court in the court or circuit in which they wish to serve. CASA volunteers collaborate with those involved in the child’s life to make recommendations and monitor the child’s situation to ensure the judges have all the information they need to make the most well-informed decisions for the best interest of the child.

​Attorneys and Guardians Ad Litem (GAL)

In any dependency proceeding, the court may appoint a GAL for a child who is a party to the proceeding if the child has no parent, guardian, or custodian appearing on the child’s behalf or if the interests of the parent, guardian or custodian conflict with the child’s interests, or in any other case in which the interest of a child requires a guardian. In dependency cases, an attorney or CASA, or both, may be appointed as the child’s GAL.

An attorney for an alleged dependent child may serve as a child’s GAL unless or until there is a conflict of interest between the attorney’s duty to the child as the child’s attorney and the attorney’s opinion of the best interests of the child as GAL. A court shall appoint a CASA to act as GAL, whenever possible.

To comply with the federal Child Abuse Prevention and Treatment Act (CAPTA), SAAGs will request that a GAL be appointed for all children in foster care via a motion at the preliminary protective hearing or in the dependency petition. While the GAL and DFCS share common goals (the safety, permanency, and well-being) of the child, their perspectives differ in that GAL is child-focused while the DFCS focuses on the child and the family, simultaneously.

Before appointment as a GAL, the individual shall have received training appropriate to the role of GAL which is administered or approved by the Office of the Child Advocate for the Protection of Children. For attorneys, pre-appointment GAL training should be satisfied within the attorney’s existing continuing legal education obligation.

​Best Interest Determination

A CASA and/or GAL shall advocate for a child’s best interests in the proceeding for which they were appointed. In determining a child’s best interest, a CASA and/or GAL shall consider and evaluate all the factors affecting the best interests of a child based on a child’s age and developmental needs. Such factors include:

  1. The physical safety and welfare of the child, including food, shelter, health and clothing;

  2. The mental and physical health of all individuals involved;

  3. Evidence of domestic violence in any current, past, or considered home for the child;

  4. The child’s background and ties including familial, cultural, and religious;

  5. The child’s sense of attachments, including his/her sense of security and familiarity, and continuity of affection for the child;

  6. The least disruptive placement alternative for the child;

  7. The child’s wishes and long-term goals;

  8. The child’s community ties including church, school, and friends;

  9. The child’s need for permanence, including the child’s need for stability and continuity of relationships with his/her parent, siblings, and other relatives;

  10. The uniqueness of every family and child;

  11. The risks of entering and being in substitute care;

  12. The preferences of the persons available to care for the child; and

  13. Any other factors considered by the GAL to be relevant and proper to its determination.

​Duties and Responsibilities of a CASA and/or GAL

Unless a child’s circumstances render the following duties and responsibilities unreasonable, a GAL, at a minimum, will:

  1. Maintain regular and sufficient face-to-face contact with the child and, in a manner appropriate to the child’s developmental level, meet with and interview the child prior to custody hearings, adjudication hearings, disposition hearings, judicial reviews and any other hearings scheduled;

  2. In a manner appropriate to the child’s developmental level, ascertain the child’s needs, circumstances, and views;

  3. Conduct an independent assessment to determine the facts and circumstances surrounding the case;

  4. Consult with the child’s attorney, if appointed separately, regarding the issues in the proceeding;

  5. Communicate with health care, mental health, and other professionals involved in the child’s case;

  6. Review case studies and educational, medical, psychological, and other relevant reports relating to the child and the parents, guardians, or legal custodians;

  7. Review all court-related documents;

  8. Attend all court hearings and other proceedings to advocate for the child’s best interests;

  9. Advocate for timely court hearings to obtain permanency for the child;

  10. Protect the cultural needs of the child;

  11. Contact the child prior to any proposed change in the child’s placement and after changes in the placement;

  12. Request a judicial citizen review panel or judicial review of the case;

  13. Attend judicial citizen review panels concerning the child and if unable to attend, forward a letter to the panel outlining the child’s status since the last citizen review panel and include an assessment of the DFCS permanency plan and treatment plans;

  14. Provide written reports to the courts and the parties on the child’s best interests, including, but not limited to:

    1. Recommendations regarding placement;

    2. Updates on the child’s adjustment to placement;

    3. DFCS’ and parent’s, guardian’s, or legal custodian’s compliance with prior court orders and treatment plans;

    4. The child’s degree of participation during visitations; and

    5. Any other recommendations based on the best interests of the child.

  15. When appropriate, encourage settlement and the use of alternative forms of dispute resolution and participate in such processes to the extent permitted; and

  16. Monitor compliance with the case plan and all court orders.

​Forms and Tools

Court Appointed State Advocates (CASA) For Children