FORM O-1(D) ORDER APPOINTING CASA/GAL

FORM O-1(D) ORDER APPOINTING CASA/GAL

[FORM O-1(d)]ORDER APPOINTING CASA/GAL

HON. [JUDGE NAME]

[STREET ADDRESS OR PO BOX]

[CITY, STATE AND ZIP CODE]

[PHONE NUMBER]

MONTANA [NUMBER] JUDICIAL DISTRICT COURT, [NAME] COUNTY

In the Matter of ) Cause No. DN- [NUMBER]

) Companion Cause No. DN-[NUMBER]

[CHILD’S NAME], )

)

YOUTH IN NEED OF CARE )

ORDER APPOINTING GUARDIAN AD LITEM AND/OR SPECIAL ADVOCATE

AND AUTHORIZING DISCLOSURE

Upon request of Counsel for the Department of Public Health and Human Services, and good cause shown,

IT IS ORDERED that [NAME] is appointed as the court’s special advocate (CASA)/Guardian ad Litem for the youth.

The Guardian ad Litem/CASA shall file a report to the Court concerning the welfare and best interests of the youth and the status of the case. In the event there are issues that should be brought to the attention of the Court, the Guardian ad Litem/CASA shall so notify the Court and request a hearing on this matter.

IT IS FURTHER ORDERED THAT,

  1. Upon presentation of this Order to any agency, hospital, school, organization, persons, or office, including child protective services, human services agencies, foster parents, physicians, psychologists, psychiatrists, mental health professionals, police and sheriff departments, mental health clinics, educators, probation officers, chemical dependency evaluators, etc., the Guardian ad Litem/CASA shall have authorization to access and copy protected information and records as they relate to the youth, the youth’s siblings, parents, and custodians , without consent by the youth or the youth’s parents. The Guardian ad Litem/CASA may discuss the youth’s circumstances and speak to all other principals in the case including the youth, parents, relatives, neighbors, friends and any other persons residing in the home.
  2. The Guardian ad Litem/CASA shall maintain any information received from the source as confidential, and will not disclose same except to the CASA Program Director, in reports to the Court and other parties to this case as required by Court order.
  3. The Guardian ad Litem/CASA shall submit written reports to the Court and attempt to secure for hearings the attendance of persons with relevant information concerning the youth.
  4. The Guardian ad Litem/CASA shall be notified of and participate in any hearings, staffings, investigations, depositions, appeals or other proceedings concerning the youth and shall be notified prior to any action taken on behalf of all the youth by any party.
  5. The Guardian ad Litem/CASA shall appear at all Court or child welfare hearings or proceedings relative to the youth and represent the youth’s best interests at said hearings unless otherwise ordered by the Court.
  6. The Guardian ad Litem/CASA is an agent of this Court in the performance of his duties and as such is granted judicial immunity to the extent allowable under the law.
  7. This Order shall remain in full force and effect until further order of the Court. Unless otherwise ordered by the Court, this order shall terminate automatically when the youth reaches the age of 18.

DATED this ______day of January, 2014.

______

[JUDGE NAME]

cc: [NAME], Deputy County Attorney

[NAME], Attorney for Child

[NAME], Attorney for mother

[NAME], Attorney for father

[NAME], Department social worker

[NAME], CASA

NOTICE pursuant to Mont. Code Ann. § 41-3-422(14) (2013):

PLEASE TAKE NOTICE that the Court is required by federal and state laws to hold a permanency hearing to determine the permanent placement of the child no later than 12 months after a judge determines that the child has been abused or neglected or 12 months after the first 60 days that the child has been removed from the child’s home.

If a child is in foster care for 15 of the last 22 months, state law presumes that termination of parental rights is in the best interests of the child and the state is required to filed a petition to terminate parental rights.

Completion of a treatment plan does not guarantee return of the child.

ORDER APPOINTING GUARDIAN AD LITEM AND/OR SPECIAL ADVOCATE AND AUTHORIZING DISCLOSURE Page 1 of 3

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