November Advocacy Tip

Every month CASA publishes an "Advocacy Tip" to give Advocates the chance to earn 1 Hour of Ongoing Training Credit. Take the quiz at the bottom to earn your credit!

Testifying in Court


Advocates can be called to testify by any of the attorneys assigned to the case. This may occur at any of the scheduled hearings; however, it is more common during the Trial of Merits. Your testimony is in addition to your court report(s) when testifying. All testimony is recorded and becomes a part of the permanent case file.


Review Your Reports

In preparing for trial, it is important to review your CASA reports to the court and any other records you have obtained during the pendency of the case. Endure you have up-to-date information from CPS caseworker(s), caregiver(s), the parents, and, most importantly, the child(ren). Things to consider: the desires of each child, the emotional and physical needs of each child now AND in the future, parental/permanent caregiver abilities, placement stability and the parent/caregiver-child relationship ("bond"). Preparation is key to ensure you present as a competent witness.


Meet With Your Supervisor

Schedule a time to meet with your Advocate Supervisor prior to trial to review the facts of the case, review what hearsay* is and how that may affect your testimony and discuss your final recommendations. The more prepared you are, the more confident you will come across when testifying.

*Hearsay: evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them.


Research Your Case

Obtain Information on your case firsthand. you may also read and review any important documents in the case file created by professional service providers. When you hear an objection to hearsay, pause your testimony and only continue if this objection is overruled. Everything you testify to is based in fact and truth. Only answer what is asked. If you do not know the answer to a question, testify that you do not know the answer. Pause before answering any questions to be sure that you understand the question fully and are able to answer in the most concise manner possible.


Your testimony should be based on what is in the best interest of the child(ren)on your case. You have been the constant for these children, and, through testimony, you are in a position to provide the court valuable insight and perspective on what you believe is the best outcome possible for the child(ren)on the case.


Summary

In a nutshell, Advocates testifying need to keep the following in mind:

  1. Know your case.
  2. Review case information and practice your testimony.
  3. Be prepared.
  4. Be concise and factual in your testimony.
  5. And ALWAYS keep your child(ren)'s best interest clearly in mind.

Advocacy Tip Quiz

By bfines February 13, 2025
Brennan Holland was assigned to Sarah in December 2022. Sarah entered foster care with a history of abuse, neglect, and exploitation, yet she remains incredibly resilient. Throughout her time in care, she has experienced multiple placements. Brennan quickly learned that Sarah has a strong passion for neuroscience and dreams of becoming a neurosurgeon. Determined to pursue her goal, she graduated early from high school and is now enrolled in the College Bound Docket program, attending her school of choice—UTSA. However, the path to achieving her dream has not been without challenges.\ Sarah received a discharge notice from her current placement and was denied Supervised Independent Living (SIL) until she turned 18. It felt as though no one was giving her a real chance. CASA stepped in to advocate for Sarah’s independence, pushing for her to live in a dorm on her own. Not everyone on her team supported this idea due to concerns about her age, limited independent living experience, and fears that she might run away, be influenced by older peers, or engage in risky behavior. CASA, however, continued to stand by Sarah, even offering financial assistance to help her move into a dorm until she became eligible for SIL.  At Sarah’s next court hearing on January 24, 2025, her attorney ad litem filed a motion for her to live in a dorm at UTSA. CASA once again advocated for the court to approve this plan. The judge, quoting Brennan’s court report, stated, “Brennan said it correctly: You are going to succeed or fail based on your decisions.” Ultimately, the judge authorized Sarah to live in the dorms on campus and ordered CPS to cover the cost of SIL. CASA recently assisted Sarah in moving into her very first dorm room, and we are excited to see what the future holds for her. Since being placed on campus, she has built a strong network of supportive adults to help her thrive. The impact of CASA facilitating these vital connections is crucial in ensuring that young adults like Sarah have the support they need to successfully transition into adulthood.
By bfines February 13, 2025
Emily White
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