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 March 21, 2025
 In December 2023, CPS received a Priority One referral regarding a 2-year-old child named Katherine, who had been hospitalized after ingesting narcotics. Her mother, Jessica, admitted to being under the influence of methamphetamines at the time. Katherine later tested positive for amphetamines, prompting the Department to seek removal of both Katherine and her 4-year-old sister, Valerie. Their maternal grandmother expressed willingness to care for them but only if CPS became involved. CASA advocate Alfredo Concha was appointed to the case and immediately took action. He contacted the grandparents and met with the children. During that visit, he learned that while the grandparents were willing to provide temporary care, they could not commit beyond December 2024. They had already adopted the girls' older sibling, which kept them busy, and as elderly caregivers, they felt unable to raise two young children long-term. They made it clear—either Jessica would have to get her life back on track by December, or the girls would need another placement. Understanding the urgency, Alfredo used Collaborative Family Engagement tools to seek additional family members who could offer support. He built a strong working relationship with Jessica, which proved invaluable. Through collaboration with Jessica, the grandparents, CPS, and the children's attorney, Alfredo identified and addressed barriers to reunification. A primary concern was Jessica’s history of substance abuse and the risk of relapse. After completing inpatient drug treatment, Jessica chose to move in with her ex-boyfriend, Robert, and his mother, Marie. Given Robert’s history of substance abuse and their previously volatile relationship, Alfredo recommended that Robert participate in services to strengthen their family dynamic. This included undergoing a substance abuse assessment, engaging in treatment, and completing a domestic violence prevention program. Alfredo also ensured Robert and Marie were included in planning meetings. During one of these meetings, Marie expressed her willingness to take in the children and committed to caring for them regardless of Jessica and Robert’s relationship. With this new support system in place, the girls were able to return to Jessica on December 3, 2024. CPS and Alfredo closely monitored the placement for several weeks to ensure stability. By January 2025, Alfredo recommended case closure, allowing the family to move forward with their lives. During the final hearing, Jessica addressed the court, expressing her gratitude. She stated that without the support of CPS and Alfredo, she would not have been able to succeed.
By bfines March 21, 2025
Larry Rushing
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