N.Y. Comp. Codes R. & Regs. tit. 22 § 117.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 117.2 - Program requirements

(a) Structure. A CASA program shall be a not-for-profit corporation affiliated with, and in compliance with, the standards set forth by the National and New York State CASA Associations. Such a program may be part of a legally incorporated not-for-profit organization or be incorporated (or in the process of being incorporated) as a free-standing not-for-profit organization.

(b) Administration.

(1) Each CASA program shall be governed by a board of directors, which hires and supervises the program's executive director and maintains legal and fiduciary responsibility for the program. The board shall meet a minimum of four times per year. All board members shall receive board training within six months of appointment, be apprised of all duties and responsibilities, sign written conflict of interest statements, and be guided by written bylaws approved by the full board. The board shall develop a written mission statement and shall implement a strategic plan to further its mission.

(2) Each CASA program housed within a multi-program not-for-profit agency shall have an advisory committee with sole responsibility for monitoring such program. A member of the advisory committee shall serve on the not-for-profit agency's board of directors.

(c) Recordkeeping. Each CASA program shall have in written form the following:

(1) goals, objectives, policies, and procedures, including personnel policies, ethics and conflicts of interest policies for staff, volunteers and board members;

(2) staff and volunteer job descriptions, qualification and evaluation forms;

(3) approved training curricula for a minimum of 30 hours of pre-service and 12 hours of annual in-service training;

(4) a volunteer recruitment plan that encourages diversity of volunteers and that provides for the screening of volunteers;

(5) a plan for the support and supervision of volunteers by qualified and trained supervisory staff;

(6) guidelines for recordkeeping and data collection, including provisions for confidentiality of print and electronic files both a the program's main office and in all off-site locations in conformity with subdivision (d) of this section;

(7) a resource development plan and, with respect to a CASA program housed within a multi-program not-for-profit organization, a fund-raising protocol outlining responsibilities;

(8) rules for staff and volunteers prohibiting ex parte communications with the court and with represented parties except with the consent of or in the presence of such parties' attorneys;

(9) a current program budget containing expenditure and income projections and the sources and amounts of income from each source; and

(10) internal financial control procedures.

(d) Confidentiality of records. Each CASA program shall safeguard the confidentiality of all information and material in accordance with applicable State and Federal laws, rules and regulations, including, but not limited to, court records and social services, health, educational, drug treatment and other records obtained from other agencies. Each CASA program shall ensure that all of its board members, officers, employees and volunteers are trained in, and comply with, these confidentiality requirements.

(e) Reporting. Each CASA program shall report annually and throughout the year on the operation of the program as directed by the Chief Administrator.

(f) Legal consultation. Each CASA program shall ensure that an attorney is available to provide its executive director and members of its board with legal consultation in matters regarding administration of the program.

(g) Liability protection. Each CASA program shall have liability protection for its board, staff and volunteers and follow standards set by the New York State and National CASA Associations for participation in continual quality improvement.

(h) Screening procedure for staff and volunteers. Each CASA program shall have a written screening procedure, approved by the local board and the Chief Administrator, for staff and volunteers and appropriate program responses to information obtained from the screening process. The procedure shall address at a minimum the following: written applications for volunteers and staff, screening by the New York State Central Register for Child Abuse and Maltreatment, a criminal history records search, and personal interviews by the program director or other designated staff. Screening shall be accomplished pursuant to prescribed mechanisms established by the Chief Administrator in conjunction with the New York State Office of Children and Family Services.

(i) Eligibility for appointment to assist in Family Court cases. In order to be eligible for appointment by the Family Court to provide assistance in cases, a CASA program shall, in addition to complying with this Part, comply with all statutes, and with all other court rules and standards adopted by the Chief Administrator.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 117.2