§ 10A-1-8-102 — Court-appointed special advocate – Education and

training – Criminal history search – Civil liability immunity. A. Any court-appointed special advocate (CASA) available for appointment pursuant to the Oklahoma Children's Code or the Oklahoma Juvenile Code shall complete education and training courses in accordance with national and Oklahoma CASA standards. B. No court-appointed special advocate shall be assigned a case before: 1. Completing a training program in compliance with nationally documented Court-Appointed Special Advocate standards. Documentation of training shall be submitted annually by local court-appointed special advocate programs to the Oklahoma Court- Appointed Special Advocate Association; and 2. Being approved by the local court-appointed special advocate program, which will include appropriate criminal background checks as provided in subsection C of this section. C. 1. Notwithstanding any other provision of law, each local court-appointed special advocate program shall require for any person making application to become a court-appointed special advocate volunteer or to be employed by the local court-appointed special advocate program: a. a child welfare records search conducted by the Department of Human Services, which shall consist of a search of the Child Abuse and Neglect Information System maintained by the Department of Human Services for review by authorized entities, b. a criminal history records search conducted by the Oklahoma State Bureau of Investigation, and c. any other background check meeting the requirements as set forth in Oklahoma Court-Appointed Special Advocate Association state or national standards for local programs. 2. If the prospective court-appointed special advocate volunteer or employee of the local court-appointed special advocate program has lived in Oklahoma for less than one (1) year, a criminal history records search shall also be obtained from the criminal history state repository of the previous state of residence. D. 1. Any person participating in a judicial proceeding as a court-appointed special advocate shall be presumed prima facie to be acting in good faith and in so doing shall be immune from any civil liability that otherwise might be incurred or imposed. 2. Any person serving in a management position of a court- appointed special advocate organization, including a member of the Board of Directors acting in good faith, shall be immune from any civil liability or any vicarious liability for the negligence of any court-appointed special advocate organization advocates, managers, or directors.

Legislative History

Added by Laws 2009, c. 233, § 136, emerg. eff. May 21, 2009. Amended by Laws 2019, c. 75, § 1, eff. Nov. 1, 2019; Laws 2022, c. 310, § 1, eff. Nov. 1, 2022.